Patna High Court
Bibi Nurjahan vs The State Of Bihar And Ors on 28 January, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1662 of 2019
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Bibi Nurjahan, female, aged about 60 years, wife of late Md. Nazimuddin,
resident of village- Salempur, Post Office- Mohiuddinpur, Police Station-
Jagdishpur, District- Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary (Education), Department
of Human Resources Development, Government of Bihar, Patna.
2. The Director, Primary Education, Bihar, Patna.
3. The District Magistrate, Bhagalpur.
4. The Regional Education Deputy Director, Bhagalpur Division, Bhagalpur.
5. The District Programme Officer (Establishment), Education Department,
Bhagalpur.
6. The Block Education Officer, Nathnagar, Bhagalpur.
7. The Treasury Officer, Bhagalpur.
8. The Accountant General, Bihar, Birchand Patel Marg, Patna.
9. The Circle Officer, Jagdishpur Anchal Jagdishpur, District- Bhagalpur.
10. Gulnaz Bano, wife of late Md. Nazimuddin, resident of village- Salempur,
Post office- Mohammadinpur, Police Station- Jagdishpur, District-
Bhagalpur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Md. Najmul Hodda, Advocate
For the State : Mr. Mukund Mohan Jha, AC to GP 27
For the Accountant General : Mr. Vivek Anand Kumar, Advocate
For the Respondent No.10 : Mr. Praveen Kumar, Advocate
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 28-01-2021
Heard Mr. Md. Najmul Hodda, learned counsel for the
petitioner; Mr. Mukund Mohan Jha, learned AC to GP 27 for the
State, Mr. Vivek Anand Kumar, learned counsel for the
Accountant General and Mr. Praveen Kumar, learned counsel
for the respondent no. 10.
Patna High Court CWJC No.1662 of 2019 dt.28-01-2021
2. The petitioner has moved the Court for the
following reliefs:
"I. For issuance of a writ of mandamus or any
other appropriate writ, order or direction
commanding the respondent authorities for
grant of full family pension in favour of the
petitioner as her husband died during the
tenure of his service and she is legal 1st wife
of the deceased employee namely Md.
Nazimuddin whereas 2nd wife private
respondent no. 10 Gulnaz Bano already is in
govt. service on the post of regular Assistant
Teacher.
II. For issuance of a writ of mandamus or any
other appropriate writ or direction
commanding the respondents authorities to
pay death cum retiral dues in favour of the
petitioner as per the rule.
III. For any other appropriate relief or reliefs
for which the petitioner may deemed
entitle."
3. The matter has been adjourned for time to time and
many affidavits have been filed by the parties. Ultimately, the
Court finds that on the part of the petitioner as well as the
respondent no. 10, there have been instances where both have
not correctly stated the facts before various authorities for
taking benefits, like widow pension and policy with the Life
Insurance Corporation of India. In such background, the Court
in its extraordinary, prerogative and discretionary jurisdiction
under Article 226 of the Constitution of India, is unable to come
to a definite conclusion, based on facts, with regard to the legal
Patna High Court CWJC No.1662 of 2019 dt.28-01-2021
position of the parties.
4. Thus, in the considered opinion of the Court, the
stand of the authorities that both the parties may go before the
Civil Court of competent jurisdiction to get a declaration with
regard to their entitlement and proportion of the death-cum-
retiral benefits of late Md. Nazimuddin, who died working on
the post of the Assistant Teacher.
5. Accordingly, the writ petition stands disposed off
with liberty to the parties to move before the Civil Court of
competent jurisdiction with regard to declaration of their right
as well as share in the death-cum-retiral benefits of late Md.
Nazimuddin.
6. The authorities would be required to act in terms of
the order of the Court in such proceeding.
(Ahsanuddin Amanullah, J)
J. Alam/-
AFR/NAFR
U
T
