Patna High CourtCWJC/4826/2011dismissed

Sangita v. The State Of Bihar And ORS

2017-08-10Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4826 of 2011 ===========================================================

1. Sangita Wife of late Ramanuj Paswan Resident of Village- Nagwa, P.O. Shorampur, P.S. Janipur, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar through its Principal Secretary, Animal and Fisheries Resources Department, Government of Bihar, Patna.

2. The Deputy Secretary, Animal and Fisheries Resources Department, Government of Bihar, Patna.

3. The Director, Animal and Fisheries Resources Department, Govt. of Bihar, Patna.

4. Jay Prakash

5. Om Prakash both Son of late Ramanuj Paswan

6. Rajmani Devi Daughter of late Ramanuj Paswan All resident of Village- Nagma, P.S. Sorampur, Distt Patna.

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

For the Petitioner/s : Mr. Sunil Kumar For the Respondent/s : Mr. Dhurjati Kumar Prasad, GP 14 Mr Sanjay Kumar Singh =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 10-08-2017 Heard counsel for the petitioner and counsel for the respondents.

Since there is a serious dispute whether the petitioner was actually legally married second wife of the erstwhile employee, namely, Ramanuj Paswan because the progenies of the erstwhile employee are themselves seriously contesting the claim of the petitioner about her status, the Court is not willing to give any direction upon the respondents to settle the post retiral dues or making payment of authorized dues including the family pension in her

Patna High Court CWJC No.4826 of 2011 dt.10-08-2017 2/2 favour. She has to take recourse to long route of getting a declaration from a civil court of competent jurisdiction before the same can accrue in her favour.

In view of the above, writ application is dismissed with liberty as above.

(Ajay Kumar Tripathi, J) sk AFR/NAFR NAFR CAV DATE NA Uploading Date 10.08.2017 Transmission Date NA