Rukhshana Khatoon vs The State Of Bihar
2023 Latest Caselaw 3778 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.6810 of 2023
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Rukhshana Khatoon Daughter of Late Taud Khan, W/o Late Naseeb Raja Khan @ Nasib Raja Khan, Resident of Mohalla- Naya tola Pathan Toli, P.O. and P.S.- Phulwari Sharif, District- Patna- 801505.

... ... Petitioner/s Versus

1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.

2. The Commissioner-Cum- Secretary, Department of Finance, Government of Bihar, Patna.

3. The Under Secretary, Department of Finance, Government of Bihar, Patna.

4. The Sub-Registrar, Department of Finance, Government of Bihar, Patna.

5. The Accountant General, Government of Bihar, Bir Chand Patel Path, Patna.

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

For the Petitioner/s : Mr. Birendra Narayan Sharma, Advocate For the Respondent/s : Smt. Anuradha Singh, SC-21 For the A.G. Bihar : Mr. Vivekanand Kumar, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 17-08-2023 Heard Mr. Birendra Narayan Sharma, learned

counsel appearing on behalf of the petitioner, Smt. Anuradha

Singh, learned SC-21 appearing on behalf of the State and Mr.

Vivekanand Kumar, learned counsel for the Accountant General.

2. Learned counsel appearing on behalf of the

petitioner submits that the petitioner is the biological daughter

of the deceased employee namely Late Md. Taud Khan, who

had retired from the post of Faras, a Class-IV employee in the

year 1999 and died on 24.05.2022. The petitioner was married

to Late Naseeb Raja Khan who died on 15.10.2011 and the

death certificate of the husband of the petitioner has been

brought on record by way of Annexure-3 duly issued by Nagar Patna High Court CWJC No.6810 of 2023 dt.17-08-2023

Parishad, Phulwarisharif. The petitioner has also brought on

record the death certificate of her mother in support of her claim

for receiving family pension which is required to be paid to the

petitioner in light of Government Circular No. 947 dated

25.10.2018 duly published in Bihar gazette.

3. Learned counsel appearing on behalf of the

respondent submits that the claim of the petitioner is not

sustainable as the name of the petitioner is not mentioned in the

service book of the deceased employee. However, the name of

the petitioner exists in the family list certificate dated

25.08.2022 issued by the Circle Officer, Phulwarisharif and in

the counter affidavit, it has not been denied that the petitioner is

not the biological daughter of the deceased employee.

4. Considering the rival submissions made on

behalf of the parties as well as the fact that the petitioner has

claimed herself to be the divorced daughter of the deceased

employee, who was married to one Nasib Raja Khan who died

on 15.10.2011 and petitioner has claimed for benefit of grant of

family pension in terms of resolution dated 25.10.2018 in which

it has been resolved that the widow daughter of the deceased

employee is entitled for benefit of family pension for sustaining

her life.

5. Considering the aforesaid fact, the petitioner is Patna High Court CWJC No.6810 of 2023 dt.17-08-2023

directed to file a detailed representation before the Additional

Chief Secretary, Finance Department, Government of Bihar

along with all the relevant records as well as circulars on which

the petitioner wants to rely upon and the law laid down by the

Apex Court in support of her claim for grant of family pension.

6. The representation of the petitioner is directed to

be considered and disposed of within a period of six weeks by

giving a specific finding with respect to the entitlement of the

petitioner for grant of family pension in accordance with law in

light of government resolution as well as the the law laid down

by this Hon'ble Court as well as the Apex Court. In case the

petitioner is found to be entitled for payment of family pension,

the sanctioning authority is directed to issue sanction letter to

the Accountant General, Bihar for fixation of family pension,

etc. to be payable to the petitioner in accordance with law within

the aforesaid period.

7. The writ application stands disposed of.

(Purnendu Singh, J)

mantreshwar/-

minu/-

AFR/NAFR                N.A.F.R.
CAV DATE                N.A.
Uploading Date          22.08.2023
Transmission Date       N.A.