Raj Kumar Paswan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10678 of 2016 =========================================================== Raj Kumar Paswan, son of Late Jago Paswan, resident of Mohalla- Chowa Bagh, P.S- Kasim Bazar, District- Munger at present residing Aradhya Apartment, Flat No. 103 A, North Patel Nagar, Mahesh Nagar, Road No.-4, P.S. Krishnapuri, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Department of Home, Government of Bihar, Patna.

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

3. The Inspector General of Prison, Bihar, Patna.

4. The Deputy Inspector General of Prison, Bihar, Patna.

5. The Additional Secretary-cum Director, (Administration) Prison Reforms Services, Bihar, Patna.

6. The Superintendent of Divisional Prison, Munger cum Public Information Officer, Divisional Prison, Munger.

7. The Superintendent of Central Jail, Bhagalpur. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s For the Respondent/s :

Mr. Anirudh Kumar Singh, GP 25 =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 16-09-2016 Nobody appears on behalf of the petitioner. Learned counsel for the State is present.

2. The petitioner, who claims to be the brother of the late husband of the deceased Parvati Devi, has filed the present writ application seeking retiral benefits of the deceased.

3. Learned counsel for the State submits that Parvati Devi

Patna High Court CWJC No.10678 of 2016 dt.16-09-2016 2/2 was the wife of late Singheshwar Paswan and when she died, she did not have any children. The authorities got a representation from the petitioner, who is the brother of the husband of the deceased and another application from one Amit Kumar Amit, who claims to be the adopted son of the deceased Parvati Devi.

4. Faced with the situation, the authorities have asked for production of a Succession Certificate for making payment of retiral dues.

5. Having considered the aforesaid, this Court does not find any reason to interfere in the stand of the respondents in the particular facts and circumstances of the present case. Accordingly, the writ application stands disposed off.

6 As and when a Succession Certificate with regard to Parvati Devi is produced before the authorities, they shall act in accordance with law as per the terms of the Succession Certificate relating to payment of retiral dues of late Parvati Devi. (Ahsanuddin Amanullah, J) Sujit/- AFR/NAFR NAFR CAV DATE cUploading Date 21.09.2016 Transmission Date