Manju Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13205 of 2019 ====================================================== Manju Devi Wife of Late Arun Kumar Upadhyay Resident of Village Babhangawa, P.O.- Gundi, P.S.- Kishnagadh, Block- Barhara, DistrictBhojpur, Arrah. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Health Department, Secretariat, Patna.

2.

Principal Secretary, Health Department, Secretariat, Patna. 3.

The Principal, Rajkiya Ayurvedic College and Hospital, Kadam Kuan, Patna. 4.

The Superintendent, Rajkiya Ayurvedic College and Hospital, Kadam Kuan, Patna.

5.

The Accountant General, Mahalekhakar Bhawan, Veer Chand Patel Road, R. Block, Patna.

6.

The Branch Manager, State Bank of India, Gandhi Maidan, Patna, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar, Adv.

For the Respondent/s :

Mr.Mujtabaul Haque (Gp12) Mr. Manish Kr., AC to GP-12.

For State Bank of India :

Mr. Abbas Haider, Adv.

Mr. Wasi Mohammad, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-09-2019 The controversy in the present case has boiled down to the effect that the petitioner is the alleged wife of the deceased, namely, late Arun Kumar Upadhyay, who was working as a Compounder in the Rajkiya Ayurvedic College and Hospital, Kadam Kuan, Patna.

The Principal Secretary, Health Department, Secretariat, Patna and the Superintendent, Rajkiya Ayurvedic College and Hospital, Kadamkuan, Patna are present in the Court and they submit that entire pension papers of the deceased

Patna High Court CWJC No.13205 of 2019(4) dt.02-09-2019 2/2 Arun Kumar Upadhyay do not contain the name of the petitioner as his wife. It is further contended that even the service book is not clear on the said aspect and it appears that the deceased Arun Kumar Upadhayay was an unmarried person. It is thus submitted that best course for the petitioner is to seek succession certificate and then approach the respondent authorities for grant of family pension.

Having regard to the facts and circumstances of the case, the personal appearance of the Principal Secretary, Health Department, Secretariat, Patna and the Superintendent, Rajkiya Ayurvedic College and Hospital, Kadamkuan, Patna is dispensed with. The petitioner is granted liberty to obtain succession certificate, in accordance with law and thereafter, approach the respondent authorities for grant of family pension. Accordingly, the present writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) Tiwary/- U