Rakesh Uraon @ Rakesh Uranw vs The State Of Bihar And Ors
2021 Latest Caselaw 420 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.15482 of 2018
     ======================================================

Rakesh Uraon @ Rakesh Uranw S/o Late Hiraman Uraon @ Late Hiraman Uranw, Resident of Village-Chakarsan, P.O.-Chauhatta P.S.-Manpur, Dist.- West Champaran.

... ... Petitioner/s

Versus

1. The State Of Bihar through the Secretary, Public Health Engineering Department, Govt. of Bihar, Patna

2. The Secretary, Public Health Engineering Department, Govt. of Bihar, Patna.

3. The Engineer-in-Chief-Cum-Special Secretary, Public Health Engineering Department, Govt. of Bihar,

4. The Chief Engineer, Public Health Engineering Department, Govt. of Bihar, Muzaffarpur.

5. The Superintending Engineer, Public Health Circle, Public Health Engineering Department, Govt. of Bihar, Motihari

6. The Executive Engineer, Public Health Division, Public Health Engineering Department, Govt. of Bihar, Bettiah,District-West Champaran.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Sanjeev Kumar, Adv For the State : Mr.Sushil Kumar Mallick, A.C. to S.C.4. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 28-01-2021 Heard the parties.

2. Petitioner claims for retiral benefit of his father Late

Hiraman Uraon @ Late Hiraman Uranw who died in harness on

02.03.2017 while working as Peon under Public Health Division,

Public Health Engineering Department, Govt. of Bihar, Bettiah.

3. Claim of the petitioner is that Hiraman Uraon @

Hiraman Uranw died leaving behind the heirs mentioned in para-4

of the petition as Class-I heirs and left no other Class-I heirs. Patna High Court CWJC No.15482 of 2018 dt.28-01-2021

4. It was brought to the notice of this Court that one

Geeta Devi claiming herself as wife of Late Hiraman Uraon @

Late Hiraman Uranw had filed CWJC No.6300 of 2019 putting

claim on the retiral benefit of Late Hiraman Uraon @ Late

Hiraman Uranw and the writ application was disposed off on

15.06.2020 with a direction to the petitioner to file a detailed

representation within eight weeks and the respondent authority

was directed to consider the same according to law.

5. The respondent No.5, Superintending Engineer,

P.H.E.D. in the counter affidavit, stated that the petitioner is son of

the first wife Ramrajiya Devi i.e. Subrajiya Devi. First wife of

Hiraman Uraon @ Hiraman Uranw pre-deceased Hiraman Uraon

@ Hiraman Uranw and after her death Hiraman Uraon @

Hiraman Uranw married with Geeta Devi. Geeta Devi is recorded

as nominee of Late Hiraman Uraon @ Late Hiraman Uranw.

Moreover, the voter I.D. of Geeta Devi also finds mention of the

name of the husband as Hiraman Uraon @ Hiraman Uranw.

6. In view of the aforesaid disputed fact, let the

petitioner also file representation before the competent authority

who shall pass order according to law.

Patna High Court CWJC No.15482 of 2018 dt.28-01-2021

7. With the aforesaid observation, this writ application

is disposed off.

(Birendra Kumar, J)

Nitesh/-

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Uploading Date          01.02.2021
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