Anchal Kumari vs The Union Of India
2023 Latest Caselaw 3732 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.3004 of 2023
     ======================================================

Anchal Kumari D/o Late Jai Shankar Prasad under Guardianship of Mostt. Sunita Devi, W/o Late Jai Shankar Prasad, R/o Village - Nawada, P.S. - Sultanganj, District - Bhagalpur.

... ... Petitioner/s Versus

1. The Union of India through Military Secretary, Ministry of Defence, Govt.

of India, New Delhi.

2. The Record Officer, Record Office India Air Force, Subroto Park, New Delhi - 10.

3. The Controller of Defence Accounts, Pension, Allahabad.

4. The Controller of Defence Accounts, Bihar, C.D.A. Building, Rajendra Path, Patna.

5. The Pay and Accounts Officer, Central Pension Accounting Officer, Prikoot

-II, Complex, Bhikaji Complex, New Delhi - 110066.

6. The District Welfare Officer, Army Board Area, Bhagalpur, Bihar.

7. Th Most. Munga Devi, W/o Late Jai Shankar Prasad, R/o P.S. - District - .

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

For the Petitioner/s : Mr. Dr. Anjani Pd. Singh, Adv. For the U.O.I. : Mrs. Kanak Verma, C.G.C. ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH

ORAL JUDGMENT

Date : 16-08-2023

Heard Mr. Dr. Anjani Pd. Singh, learned counsel

appearing on behalf of the petitioner and Mrs. Kanak Verma,

learned counsel appearing on behalf of the Union of India.

2. Learned counsel appearing on behalf of the petitioner

seeks to withdraw the present writ petition considering the fact that

petitioner has claimed herself to be second wife of the deceased Patna High Court CWJC No.3004 of 2023 dt.16-08-2023

employee namely Late Jaishankar Prasad, who had retired from

the post of Junio Warrant Officer (JWO) and died on 28.11.2006.

3. Considering the specific submissions made on behalf

of the petitioner, the petitioner, if so advise, may file a detail

representation along with all the circular issued by the State

Government with respect to receive family pension as well as the

law laid down by the Hon'ble Apex Court.

4. In case the representation is filed, the District Welfare

Officer, Army Board Area, Bhagalpur is directed to dispose of the

representation filed by the petitioner in accordance with law and

circular of the State Government. However, he is directed to

distribute the retiral dues of different heads to the biological sons

and daughters of the deceased employee in equal share on account

of leave encashment, gratuity, provident fund etc. payable to the

Government employee.

5. With the above observation and direction the writ

petition stands disposed of.

(Purnendu Singh, J) pravinkumar/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date
Transmission Date       NA