Mustari Khatoon v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.165 of 2015 Arising out of Civil Writ Jurisdiction Case No. 5420 of 2013 Along with Interlocutory Application No.767 of 2015 =========================================================== Mustari Khatoon, wife of Late Md. Mustakim Khan, Resident of village - Salona Pathan Tola, Police Station Bakhri, P.O. Bakhri Bazar, District - Begusarai. .... .... Respondent - Appellant

Versus

1. The State of Bihar through D.M. Begusarai.

2. The Superintendent of Police, Begusarai.

3. The Sub-Divisional Officer, Bakhri, Begusarai.

4. The Circle Officer, Bakhri, Begusarai.

5. The Provident Fund officer, Begusarai.

... ... Respondents-Respondents

6. Najda Khatoon @ Najdar Khatoon, wife of Late Mustikim Khan, Resident of village - Salona Pathan Tola, Police Station Bakhri, District - Begusarai. .... .... Petitioner- Respondent =========================================================== Appearance :

For the Appellant : Mr. Binay Kumar, Advocate For the Respondents-State : Ms. Nutan Sharma, A.C. to G.A.-9 =========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA And HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) Date: 05-04-2016 Re. : Interlocutory Application No.767 of 2015 There is a delay of 38 days in filing the present Letters Patent Appeal.

Keeping in view the averments made in the application, we

Patna High Court LPA No.165 of 2015 dt.05-04-2016 2/3 find that sufficient cause is made out for condonation of delay of 38 days in filing of the appeal. Consequently, the delay is condoned. Interlocutory Application stands disposed of accordingly. Re. : Letters Patent Appeal No.165 of 2015 The present Letters Patent Appeal is directed against an order dated 18th June, 2014 passed by the learned Single Bench of this Court whereby the writ petitioner and the present appellant, both wives of late Md. Mustikim Khan, were ordered to share the family pension in view of the Notification No.1549 dated 27th June, 2011 issued by the Government of Bihar.

The admitted facts, as noticed by the learned Single Bench, are that both the marriages were performed before late Md. Mustikim Khan got employment under the State as a Constable Dafadar. After the death of Md. Mustikim Khan on 21st of October, 2011, conflict arose between the appellant and the writ petitioner for the receipt of superannuary benefits. To meet the similar situations, a Notification was issued by the State Government on 27.06.2011 whereby, it was decided that in such a situation, both the wives shall share the amount of family pension in equal shares. Such is the direction of the learned Single Bench as well.

In view of the above, we do not find any error in the order passed by the learned Single Bench which may warrant interference in

Patna High Court LPA No.165 of 2015 dt.05-04-2016 3/3 the present intra-court appeal.

The Letters Patent Appeal thus stands dismissed. (Hemant Gupta, J) (Ahsanuddin Amanullah, J) Sunil/- N. A. F. R.

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