Anita Devi vs The State Of Bihar
2023 Latest Caselaw 3844 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.136 of 2023
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Anita Devi W/o Late Sanjay Kumar House No.- 85, Sudarshan Path, Near Hanuman Mandir, Ranipur, Rusulpur, Patna City, Nagla, District- Patna- 800008, Bihar.

... ... Petitioner/s Versus

1. The State of Bihar through the Secretary, Building Construction Department, Patna, Bihar.

2. The Executive Engineer, Electrical Works Circle No. 2, Building Works Department, Joint Office Building, Chajjubag, Buddh Marg, Patna- 800001, Bihar.

3. Deputy Secretary, Building Construction Department, Patna, Bihar.

4. The Accountant General, Patna, Bihar.

5. Mrs. Savita Devi @ Sarita Devi W/o Late Sanjay Kumar, R/o Ranipur (Rasalpur Patna), P.S.-Mehandiganj, P.O. Jharganj, Dist-Patna, Pin 800008.

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

     For the Petitioner/s   :      Mr. Rajendra Nath Sinha, Advocate
     For the State          :      Mr. Sushil Kumar, GP-22
     For the AG             :      Mr. Prabhat Ranjan, Advocate
                                   Mr. Ansh Prasad, Advocate

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 18-08-2023 Heard Mr. Rajendra Nath Sinha, learned counsel

appearing on behalf of the petitioner; Mr. Sushil Kumar, learned

GP-22 appearing on behalf of the State and Mr. Prabhat Ranjan,

learned counsel along with Mr. Ansh Prasad, learned counsel

appearing on behalf of the Accountant General.

2. Learned counsel appearing on behalf of the

petitioner submits that the petitioner is aggrieved for non-

payment of family pension after her husband died in harness on

28.05.2020 while he was posted as Truck Driver, a Class-IV Patna High Court CWJC No.136 of 2023 dt.18-08-2023

post, under the jurisdiction of the Executive Engineer, Electrical

Works Circle No. 2, Building Works Department. Learned

counsel further submits that the pensionary benefit has been

denied by the concerned respondent solely on the ground that

the deceased employee (husband of the petitioner) had illicit

relationship with one Sarita Kumari - respondent no. 5. He

further submits that out of the said relationship with respondent

no. 5, a male child was born. Petitioner is a legally wedded wife

of the deceased employee and she bears four children. The

petitioner claims that petitioner being the legally wedded wife is

entitled for family pension and in terms of the circular of the

State Government the retiral benefits on different heads is

required to be distributed in equal share among all the biological

sons and daughters of the deceased employee. Petitioner has

four sons and respondent no.5 has only one son. Learned

counsel further submits that the petitioner has also brought on

record the decision of the Family Court in support of her claim

that in maintenance case notices were issued to her husband

considering the fact that she is the wife of the deceased

employee.

3. Learned counsel in the above background seeks

to file a detailed representation before the Executive Engineer, Patna High Court CWJC No.136 of 2023 dt.18-08-2023

Electrical Works Circle No. 2, Building Works Department

Government of Bihar- respondent no. 2 for redressal of his

grievance.

4. Considering the submission made on behalf of

the petitioner and relief as claimed for in the present writ

petition, the petitioner, if so advised, may file a detailed

representation along with all the requisite evidences in support

of her claim that she is the legally wedded wife of the deceased

employee for fixation of her family pension.

5. The respondent no. 2 is directed to call for the

service records relating to the deceased employee namely Late

Sanjay Kumar who was posted as Truck Driver, a Class-IV

employee, under the Executive Engineer, Electrical Works

Circle No. 2, Building Works Department for claiming her

pensionary benefit and fixation of pension.

6. The respondent no. 2 on the basis of the records

as well as the service book of the deceased employee and the

family certificate duly granted by the Circle Officer, Patna Sadar

is required to verify the status of the petitioner who has claimed

herself to be the wife of the deceased employee and is directed

to sanction the family pension for its fixation by the Accountant

General Bihar in case she is entitled for the same. The other Patna High Court CWJC No.136 of 2023 dt.18-08-2023

retiral dues is directed to be divided among the five sons of the

deceased employee, four having taken birth from the petitioner

and one from the respondent no. 5 in equal share. The above

exercise is directed to be undertaken within a period of six

weeks from the date of filing of the representation.

7. The writ petition, accordingly, 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.