Dipti Mishra vs The State Of Bihar
2023 Latest Caselaw 5125 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.12242 of 2023
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Dipti Mishra, aged about 36 years, Female, daughter of Late Shashi Bhushan Mishra, Resident of Village Kartahan, P.S.- Kartahan, Dist.- Vaishali.

... ... Petitioner/s Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Old Secretariat Building, Patna.

2. The Principal Secretary, Department of Energy, Government of Bihar, Patna.

3. The Managing Director cum Chairman, Bihar State Power Holding Company Ltd., Vidyut Bhawan, Jawahar Lal Nehru Marg, Patna.

4. The Managing Director, North Bihar Power Distribution Company Ltd., Vidyut Bhawan, Bailey Road, Patna.

5. The Superintending Engineer, Electricity Supply Division, Muzaffarpur.

6. The Executive Engineer, Electricity Supply Division, Muzaffarpur.

7. The Assistant Engineer, Electricity Supply Division, Muzaffarpur.

8. Anima Mishra, Wife of Manoj Kumar Mishra Resident of Village- Kartahan, P.S.- Kartahan, Dist.- Vaishali.

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

     For the Petitioner/s   :        Mr.Jai Vardhan Narayan, Advocate
     For the State          :        Mr.Kinkar Kumar ( Sc 19 )
                                     Mr. Zaki Haider, AC to C 19
     For the NBPDCL         :        Mr. Kunal Tiwary, Advocate

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 06-10-2023 Heard Mr. Jai Vardhan Narayan, learned counsel

appearing on behalf of the petitioner; Mr. Kinkar Kumar,

learned SC-19 for the State and Mr. Kunal Tiwary, learned

counsel for the North Bihar Power Distribution Company

Limited.

2. Learned counsel appearing on behalf of the

petitioner submits that the petitioner has given him instruction

that she is ready to file a detailed representation before Patna High Court CWJC No.12242 of 2023 dt.06-10-2023

respondent no.4, the Managing Director, North Bihar Power

Distribution Company Ltd. with respect to the relief, as claimed

for in the present writ petition. Learned counsel informs that the

petitioner is the biological daughter of the deceased employee

being born out of his second wife late Punam Mishra. It is

further informed that the deceased father of the petitioner had

also married earlier to late Veena Mishra, who pre-deceased

her husband.

3. In these backgrounds, learned counsel submits that

the mother of the petitioner, who had died after the death of the

deceased employee, became entitled for family pension.

4. Learned counsel appearing on behalf of the State

submits that the question of legality of the marriage with the

deceased mother of the petitioner with the deceased employee

can only to be held void in absence of any evidence to that

effect that the deceased employee during his lifetime has sought

permission from his controlling officer to perform second

marriage. The claim being disputed question of facts cannot be

adjudicated under Article 226 of the Constitution of India.

5. Considering the rival submissions of the parties, this

Court finds it proper to direct the Managing Director, North Patna High Court CWJC No.12242 of 2023 dt.06-10-2023

Bihar Power Distribution Company Limited to distribute the

retiral dues under different heads relating to the deceased

employee/ late Shashi Bhushan Mishra among his biological

sons, if any, and daughters in equal shares including the

petitioner and respondent no.8 within a period of six weeks.

6. The petitioner, if so advised, can avail appropriate

remedy before the competent civil court in accordance with law

for the family pension, which was to be paid to the mother of

the petitioner during her lifetime on account of the death of her

father in harness.

7. The respondent no.4, Managing Director, North

Bihar Power Distribution Company Limited, for the said

reason, will not delay in making payment of retiral dues of the

deceased employee to his biological sons, if any, and daughters

beyond the period of six weeks in accordance with law.

8. In case of failure, petitioner is at liberty to take

appropriate legal action against respondent no.4.

9. With aforesaid observations and direction, the writ

petition stands disposed of.

(Purnendu Singh, J) Sanjay/-

AFR/NAFR                 NAFR
CAV DATE                 NA
Uploading Date           07.10.2023
Transmission Date        NA