Nanchula Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2586 of 2023 ====================================================== Nanchula Devi Wife of Late Mahavir Prasad resident of Village - Jiyan Bigha, Police-Station - Sheikhpura, District - Sheikhpura, at Present residing at Mohalla - Naisarai, Narsaliganj, Police Station - Biharsharif, District - Nalanda.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Director, Fisheries Department Government, Bihar, Patna.

2.

That Principal Secretary, Department of Fisheries, Bihar, Patna. 3.

The Accountant -General (A and E), Patna, R-Block, Patna. 4.

The Principal Secretary, Finance Department, Government of Bihar, Patna. 5.

The District Fisheries Officer-cum-Chief Executive Officer, Nalanda at Biharsharif.

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

For the Petitioner/s :

Mr. Rabindra Prasad Singh, Adv.

For the State :

Mr. Navnit Kumar, AC to GP-18 For Accountant General :

Mr. Raj Nandan Prasad, Adv., Mr. Vishesh Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 16-08-2023 Heard Mr. Rabindra Prasad Singh, learned counsel appearing on behalf of the petitioner, Mr. Navnit Kumar, learned counsel appearing on behalf of the State and Mr. Raj Nandan Prasad and Mr. Vishesh Kumar Singh, learned counsel appearing on behalf of the Accountant General.

2. Learned counsel appearing on behalf of the petitioner seeks to withdraw the present writ petition considering the fact that petitioner has claimed herself to be second wife of the deceased

Patna High Court CWJC No.2586 of 2023 dt.16-08-2023 2/2 employee namely Mahabir Prasad, who had retired from the post of Head Clerk and died on 07.10.2016.

3. Considering the specific submissions made on behalf of the petitioner, the petitioner, if so advise, may file a detail representation along with all the circular issued by the State Government with respect to receive family pension as well as the law laid down by the Hon'ble Apex Court.

4. In case the representation is filed, the District Fisheries Officer-cum-Executive Officer, Nalanda is directed to dispose of the representation filed by the petitioner in accordance with law and circular of the State Government. However, he is directed to distribute the retiral dues of different heads to the biological sons and daughters of the deceased employee in equal share on account of leave encashment, gratuity, provident fund etc. payable to the Government employee.

5. With the above observation and direction the writ petition stands disposed of.

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