Bibi Sahidan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6282 of 2019 ====================================================== Bibi Sahidan W/o Late Enamul Haque Ansari, resident of Village Basdih Gawanadri, Police Station Bheldi, District Saran at Chapra. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Human Resources Department, Patna.

2.

The District Education Officer, Saran at Chapra. 3.

The Block Education Officer, Garkha, Saran at Chapra. 4.

The Accountant General, Patna, Bihar.

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

For the Petitioner/s :

Mr. Dhirendra Singh, Adv.

For the State : Mr. Rajeev Ranjan, AC to GP-20 For the AG :

Mr. Mani Kant Mishra, Adv.

====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 18-06-2019 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel appearing on behalf of the Accountant General, Bihar, Patna.

Petitioner in the present writ application prays for payment of full family pension being the second wife of late Enamul Haque Ansari who retired as an Assistant Teacher from Janki Nagar Middle School, Garkha, Saran on 31.01.1997 and died on 24.08.2016. The first wife Bibi Moffian was issueless and the erstwhile employee contacted second marriage with the petitioner. The first wife died on 02.07.2007. The erstwhile employee late Enamul Haque Ansari had earlier moved this Court for apportionment of his pension between his two wives

Patna High Court CWJC No.6282 of 2019(4) dt.18-06-2019 2/3 and after the death of the first wife the name of the petitioner be entered in the relevant record including pension book as wife of the late employee for purpose of retiral benefit in C.W.J.C. No. 1844 of 2013 which was decided on 10.09.2013 with a direction to the authorities to enter the name of the petitioner in the service book for purpose of retirement benefit. Learned counsel for the petitioner submits that she is the only surviving wife and as such is entitled to entire retiral benefit including full family pension which is not being paid to her.

A counter affidavit has been filed by the State stating therein that the issue of full payment of family pension has been sent to the office of the Accountant General, Bihar, Patna vide letter dated 451 dated 27.04.2019 as contained in Annexure-A for settlement of the issue.

Fact is that the petitioner is the only surviving wife of the erstwhile employee, the first wife having died in 2007 without any issue.

Considering the same, since the second marriage of the erstwhile employee with the petitioner is not in dispute, the petitioner is entitled to full family pension as per her entitlement which would be processed and paid to her by the respondent no. 2, the District Education Officer, Saran at Chapra within a

Patna High Court CWJC No.6282 of 2019(4) dt.18-06-2019 3/3 period of six weeks from the date of receipt/production of a copy of the order.

Writ application is disposed of accordingly.

(Nilu Agrawal, J) devendra/- U