Tetri Devi v. The State Of Bihar Through The Principal Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9991 of 2021 ====================================================== Tetri Devi Wife of Late Indeshwari Prasad Yadav Resident of Village - Kolhaipatti, Ward No. 6, P.S. - Murliganj, District- Madhepura. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Public Health Engineering Department, Government of Bihar, Patna. 2.

The Principal Secretary, Public Health Engineering Department, Government of Bihar, patna.

3.

The Chief Engineer, Public Health Engineering Department, Bhagalpur Region, Bhagalpur.

4.

The Superintending Engineer, Public Health Engineering Department, Bhagalpur, Region, Bhagalpur.

5.

The Superintending Engineer, Public Health Engineering Department, Circle Begusarai, District- Begusarai.

6.

The Executive Engineering, Public Health Engineering Department, Circle Khagaria, District- Khagaria.

7.

The Accountant General, Government of Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sharda Nand Mishra, Advocate For the Respondent/s :

Mr. Upendra Pratap Singh (AC to SC 4) ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 14-11-2022 Heard Mr. Sharda Nand Mishra, learned counsel appearing on behalf of the petitioner and Mr. Upendra Pratap Singh, learned AC to SC 4.

2. The present writ application has been filed seeking a direction upon the respondent to consider the case of the petitioner for family pension, after the death of her husband, who died on 12.08.2019 and to grant admissible family pension to her along with other benefits.

Patna High Court CWJC No.9991 of 2021 dt.14-11-2022 2/3

3. It is submitted that the petitioner happens to be the second wife of the erstwhile employee, who died on 12.08.2019. The petitioner's husband had two wives. The first wife of the petitioner, namely, Sumitra Devi, died on 30.12.2018 leaving behind the present petitioner and three daughters and one son and, as such, she is claiming family pension by filing the present writ application.

4. Learned counsel for the petitioner submits that for ventilating her grievance, the petitioner filed several representation before all the concerned authorities and she would be satisfied, if the same would be disposed of.

5. At this stage, learned counsel for the State fairly submits that if a fresh representation would be filed by the petitioner before the concerned respondent, the same would be disposed of, expeditiously.

6. Having considered the submissions made on behalf of the parties, the petitioner is directed to file a fresh representation before the respondent no. 5 along with all the materials in support of her claim within a period of four weeks from today. If such representation is filed, the respondent no. 5 shall dispose of the same by a reasoned and speaking order. It is made clear that if the claim of the petitioner finds favor, necessary order for family

Patna High Court CWJC No.9991 of 2021 dt.14-11-2022 3/3 pension/outstanding dues would be passed, within the aforesaid period.

7. Accordingly, the present writ application stands disposed of.

(Harish Kumar, J) shivank/- AFR/NAFR NAFR CAV DATE NA Uploading Date 16.11.2022.

Transmission Date NA