Smt. Subhadra Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 19915 of 2016 ====================================================== Smt. Subhadra Devi Wife of Sri Sudhir Kumar, residing at Village - Chainpura, P.S. - Paras Bigha, P.O. - Sakurabad, District - Jehanabad. ... ... Petitioner

Versus

1.

The State of Bihar through the Director General of Police, Bihar at Patna 2.

The Commandant, Bihar Military Police-2, Dehri on Sone, District - Rohtas. 3.

Sudhir Kumar Son of Yadunandan Sharma, residing at Village - Chainpura, P.S. - Paras Bigha, P.O. - Sakurabad, District - Jehanabad at present working in Bihar Military Police - 2, Dehri On Sone, District - Rohtas. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhay Kumar, Advocate For the State :

Mr.Ruchikar Jha, AC to SC-8 For O.P.

:

Mr.Shashank Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-04-2023 The present writ petition has been filed for directing the respondent-authority to dispose off the applications of the petitioner dated 14.10.2016 and 19.10.2016, whereby and whereunder the petitioner has prayed that the proceeds of the post retiral dues, after retirement of her husband, be given to her, in view of the fact that she is the first wife of opposite party no.3.

The learned counsel for the respondent-State has

Patna High Court CWJC No. 19915 of 2016(2) dt.10-04-2023 2/2 submitted that the service book of the husband of the petitioner has been perused and it has been found that the husband of the petitioner has nominated the petitioner as nominee to lay claim over 100 per cent amount in Form No.7 of the Bihar Government Employees Group Insurance Scheme, 1947 and has also nominated her as nominee, as defined under Rule 2 of the General Provident Fund Rules. It is also submitted that the husband of the petitioner is entitled to get 100% amount of pension and his retiral benefits, till the time he is alive and since the petitioner is a nominee, she would get 100% amount of retiral benefits/family pension in the event of death of her husband. Lastly, it is contended that the petitioner has nowhere mentioned about any so-called second wife, much less she being a nominee in place of the petitioner.

Having regard to the facts and circumstances of the case, this Court finds that the apprehension of the petitioner is ill founded and the present writ petition is premature. Accordingly, the present writ petition stands disposed off as not pressed.

(Mohit Kumar Shah, J) kanchan/Saurav U