Draupadi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14682 of 2019 ====================================================== Draupadi Devi W/o Late Surendra Kumar Singh R/o Village- Nimi, P.O.- Nimi, P.S.- Shekhopur Sarai, District- Sheikhpura. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Principal Secretary, Department of Education, Govt. of Bihar, New Secretariat, Patna.

2.

District Education Officer, Lakhisarai.

3.

District Program Officer (Establishment), Lakhisarai. 4.

Accountant General, Bihar, Patna.

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

For the Petitioner/s :

Mr.Rakesh Kumar For the Respondent No. 4 :

Mrs. Namrata Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-10-2019 The present writ petition has been filed to direct the respondent authorities to pay family pension to the petitioner herein.

The brief facts of the case, according to the petitioner, is that the petitioner is admittedly the second wife of the deceased, namely, Surendra Kumar Singh, who retired from the post of Assistant Teacher in Middle School, Lal Diyara, Barahiya on 31.1.2001 whereafter, a son, namely, Anant Priyadarshi was born out of wedlock of the petitioner and the deceased, namely, Surendra Kumar Singh. It is further stated that the first wife of the deceased employee, namely, Savitri

Patna High Court CWJC No.14682 of 2019(4) dt.22-10-2019 2/3 Devi had availed the family pension during her lifetime, after the death of the deceased i.e Surendra Kumar Singh on 13.1.2014, however the said 1st wife of the deceased employee has also died on 10.10.2015, hence the petitioner has become entitled for grant of family pension, being the second wife of the deceased, namely, Surendra Kumar Singh.

The learned counsel for the respondents, referring to the counter affidavit, has stated that the details of the petitioner, who claims to be the second wife of the deceased, namely, Surendra Kumar Singh was never supplied to the respondents, hence, the case of the petitioner, being suspicious, requires adjudication.

Having regard to the facts and circumstances of the case, I deem it fit and proper to grant liberty to the petitioner to approach the Principal Secretary, Department of Education, Government of Bihar, New Secretariat, Patna by filing appropriate representation for grant of family pension to her and her son within a period of four weeks from today, whereupon the Principal Secretary, Department of Education, Government of Bihar, New Secretariat, Patna shall address the grievance of the petitioner by passing appropriate orders in accordance with law within a period of six weeks, thereafter.

Patna High Court CWJC No.14682 of 2019(4) dt.22-10-2019 3/3 The present writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) ajay gupta/- U