Nasima Khatoon v. The Administrator, Bihar State Road Transport Corporation And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1867 of 2015 IN Civil Writ Jurisdiction Case No. 16616 of 2011 =========================================================== Nasima Khatoon wife of Late Nehal Ahsan @ Nehal Hasan resident of village - Charuawan, Police Station - Sheikhopur Sarai and District - Sheikhpura. .... .... Respondent no. 4 - Appellant

Versus

1. The Administrator, Bihar State Road Transport Corporation, Parivahan Bhawan, Patna.

2. The Divisional Manager, Bihar State Road Transport Corporation, Patna.

3. The Chief Account Officer, Parivahan Bhawan, Patna. ......... Respondents - Respondents.

4. Md. Firoz Ahsan son of Late Md. Alay Ahsan Resident of village - Mohni (Jangipur), Police Station - Asthawan, District - Nalanda. .... .... Petitioner - Respondent.

=========================================================== Appearance:

For the Appellant/s : Mr. Mohammed Abu Haidar, Advocate. For the Respondent/s : Mr. Prabhat Kumar Verma, Sr. Advocate and (B.S.F.C) Mrs. Pushpa Sinha, Advocate. =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 05-09-2017 Heard learned counsel for the appellant and learned counsel for the respondent - Bihar State Road Transport Corporation. Appeal is dismissed on the ground that the learned Single Judge has committed no error by referring the present appellant or the petitioner, who is private respondent in this appeal, to a Civil Court of competent jurisdiction for appropriate declaration as to their right, title and interest to claim post-retiral dues of the erstwhile employee - (i) as the so-called wife and (ii) as the so-called brother. (Ajay Kumar Tripathi, J) (Rajeev Ranjan Prasad, J) Dilip, AR AFR/NAFR NAFR CAV DATE N/A Uploading Date 06.09.2017 Transmission Date N/A