Manju Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9604 of 2017 ====================================================== Manju Devi widow of Late Krishnadeo Prasad resident of Mohalla - Kanhaiya Chowk, Jitwarpur (Infront of Chauth Gas Godown) P.S. Samastipur Muffasil, District Samastipur (Bihar).

... ... Petitioner/s

Versus

1. The State of Bihar.

2. The Director General of Police, Bihar, Patna.

3. The Superintendent of Police, Muzaffarpur.

4. The District Treasury Officer, Muzaffarpur.

5. The Accountant General (A & E), Bihar, MAHALEKHAKAR BHAWAN, Bir Chand Patel Path, Patna.

6. Most. Jais Prasad, so-called wife of late Krishna Deo Prasad resident of Bhola Chowk Jail Road, Puchhi - Sarai, P.S. Town, District Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shyama Nand Thakur For the Respondent/s :

Mr. Partha Sarthi -Ga4 For Accountant General :

Mr. Bindhyachal Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-12-2018 Heard learned counsels for the parties.

The present writ application has been filed for a direction to the respondent authorities to make payment of family pension to the petitioner who claims to be legally wedded wife of the deceased employee namely, late Krishnadeo Prasad who superannuated from the post of Sub Inspector of Police.

The factual matrix of the case is that late Krishnadeo Prasad joined police service on 11.2.1960 and superannuated from the post of Sub Inspector of

Patna High Court CWJC No.9604 of 2017(2) dt.06-12-2018 2/3 Police on 1.1.1998. From 1.1.1998 he drew his pension. The said late Krishnadeo Prasad died on 20.3.2017. Thereafter, for the first time, the petitioner submitted an application claiming family pension on 3.5.2017 before the Respondent No. 3, Superintendent of Police, Muzaffarpur.

From the counter affidavit filed on behalf of Respondent No. 3, it appears that late Krishnadeo Prasad, at the time of retirement, submitted Form 3 and Form 4 wherein he mentioned his wife's name as Joyas Prasad (respondent no.6). This is admitted case of the petitioner that in the service book of the deceased employee the wife's name has been recorded as Joyas Prasad and she is being paid family pension. However, from the counter affidavit filed on behalf of Respondent no. 3 it appears that an enquiry has also been ordered. In view of the belated claim of the petitioner based on disputed question of fact, the same cannot be decided by this Court in the present writ proceeding as the same requires leading of evidence which can only be decided through a proper suit by competent Civil

Patna High Court CWJC No.9604 of 2017(2) dt.06-12-2018 3/3 Court.

Accordingly, this writ application is disposed of with a liberty to the petitioner to avail the appropriate remedy at appropriate forum.

(Dinesh Kumar Singh, J) anil/- U