Patna High CourtCWJC/1189/2016disposed

Sarita Mishra v. The State Of Bihar And ORS

2017-05-23Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1189 of 2016 ======================================================

1. Sarita Mishra Wife of Late Amarendra Kumar Mishra, Resident of MIG - 71, Hanuman Nagar, Kankarbagh, P.S. - Patrakar Nagar, District - Patna. .... .... Petitioner/s

Versus

1. The State of Bihar, the Secretary, Public Health Engineering Department, Government of Bihar, Visheshwaraiya Bhawan, Bailey, Road, Patna.

2. The Chief Engineer (Mechanical), Public Health Engineering Department, Government of Bihar, Visheshwaraiya Bhawan, Bailey Road,Patna.

3. The Superintendent Engineer, Mechanical, Public Health Engineering Department, Vetenary College Campus, Airport, Patna.

4. The Executive Engineer, Vetenary College Campus, Airport, Patna. .... .... Respondent/s ====================================================== Appearance :

For the Petitioners : Mr. Mrityunjay Kumar Tiwary, Advocate For the Respondents : Mr. Madhaw Pd. Yadav, GP-23 Mr. Arvind Kumar, AC to GP-23 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER 23-05-2017 Heard counsel for the petitioner and the counsel for the respondents.

Admittedly, this petitioner is the third wife of the late employee, namely, late Amarendra Kumar Mishra. The third marriage was solemnized after the death of the first and the second wife and, therefore, it is not a case of the marriage being void.

If that be so and if the relevant declarations have been made in the service-book of the late employee with regard to her status as the wife and nominee, then there is no

Patna High Court CWJC No.1189 of 2016 (3) dt.23-05-2017 2/2 impediment in the way of settlement of the post retiral dues and sanction of family pension in her favour.

The writ application is allowed and disposed of with a direction upon the respondents to settle her claim, if not already done, preferably within a period of three months from the date of receipt/production of a copy of this order.

(Ajay Kumar Tripathi, J) Pawan/- U