Samundar Devi, v. The State Of Bihar Through Its Chief Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1110 of 2021 ====================================================== Samundar Devi, Wife of Late Nagendra Singh, Resident of Village Khopi, Post Office and Police Station - Jandaha, District-Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Chief Secretary, Government of Bihar, Old Secretariat, Patna.

2.

The Chief Secretary, Government of Bihar, Old Secretariat, Patna. 3.

The Principal Secretary, Department of Education, through the Additional Chief Secretary, Government of Bihar, Old Secretariat, Patna. 4.

Bihar Agriculture University through its Registrar, Police Station - Sabour, Town-Sabour, Bhagalpur, Bihar-813210.

5.

The Vice-Chancellor, Bihar Agriculture University, Police Station-Sabour, Town-Sabour, Bhagalpur, Bihar-813210.

6.

The Registrar, Bihar Agriculture University, Police Station-Sabour, TownSabour, Bhagalpur, Bihar-813210. 7.

The Director (Accounts), Bihar Agriculture University, Police StationSabour, Town-Sabour, Bhagalpur, Bihar-813210. 8.

The Controller, Bihar Agriculture University, Police Station-Sabour, TownSabour, Bhagalpur, Bihar-813210. 9.

The Principal, Bihar Agriculture College, Police Station-Sabour, TownSabour, Bhagalpur, Bihar-813210. 10.

The Field Officer, Bihar Agriculture University cum College, Police StationSabour, Town-Sabour, Bhagalpur, Bihar-813210. 11.

Beby Devi, W/o Late Nagendra Singh, R/o BAC Campus, Sabour, P.S. Sabour, District-Bhagalpur.

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

For the Petitioner/s :

Mr. R. K. Shukla, Advocate.

Mr. Pratyush Pratap Singh, Advocate.

For B.A.U.

:

Mr. Sriram Krishna, Advocate.

Respondent Nos.4 to 10 :

Mr. Shailendra Kumar Singh, Advocate.

For State :

Mr. Rajeev Ranjan, AC to GP-20.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 10-07-2023 Heard Mr. R. K. Shukla, learned counsel along with Mr. Pratyush Pratap Singh, learned counsel appearing on behalf of the petitioner; Mr. Sriram Krishna, learned counsel for the

Patna High Court CWJC No.1110 of 2021(9) dt.10-07-2023 2/3 Bihar Agriculture University; Mr. Shailendra Kumar Singh, learned counsel for the respondent nos. 4 to 10 and Mr. Rajeev Nayan, learned AC to GP-20 for the State.

2. Learned counsel appearing on behalf of the petitioner informs that in the order dated 26.06.2023, in the column of appearance of advocates in the cause title, the name of the petitioner's counsel namely Mr. Nirbhay Kumar Singh, since deceased, may be deleted and in his place the name of Mr. Rakesh Shukla, learned counsel along with Mr. Pratyush Pratap Singh, learned counsel be substituted.

3. Prayer is allowed and the cause title is accordingly rectified to the extent that in place of petitioner's counsel Mr. Nirbhay Kumar Singh, it may be substituted by Mr. Rakesh Shukla along with Mr. Pratyush Pratap Singh.

4. Learned counsel further points out that in Para-9 of the order dated 26.06.2023, some inadvertent typographical mistake has arisen and it requires some modification.

5. In view of the above, paragraph no.9 of the order dated 26.06.2023 is rectified and substituted to the extent that the same may now be read as under:

"This Court can only observe that petitioner cannot be denied the benefit of family pension in case it is found that due

Patna High Court CWJC No.1110 of 2021(9) dt.10-07-2023 3/3 permission was not sought by the deceased employee during his lifetime for second marriage with respondent no.11.

6. The order dated 26.06.2023 is modified to the aforesaid extent. Other parts of the order dated 26.06.2023 shall remain intact.

(Purnendu Singh, J) mantreshwar/- U