Manju Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14196 of 2022 ====================================================== Manju Devi Wife of Sri Arun Kumar Singh Retired Sub Inspector), Son of Late Tejnarayan Singh Resident of Baburban, Post Baburban, P.S. Baruraj, District-Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Director General of Police, Bihar, Patna. 2.

The D.I.G., Saran range, Chapra, Commissionery Campus, Saran Division District-Chapra.

3.

The Superintendent of Police, Officer of the Superintendent of Police, Collectorate Campus, Distrct-Gopalganj.

4.

The Accountant General (A and E), Bihar, Patna. 5.

Sri Arun Kumar Singh(Retired Sub Inspector), Son of Late Tejnaryan Singh Resident of Baburban, Post-Baburban, P.S.-Baruraj, District-Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Avanindra Kumar Jha, Advocate For the State :

Mr.Manoj Kumar, AC to GP-4 For AG :

Mr.Raj Nandan Prasad, Advocate Mr.Vishesh Kr. Singh, Advocate Ms.Shailja, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-05-2023 The present writ petition has been filed seeking the following reliefs:- "(i)To hold and declare that, in view of the equity & legitimate expectations, the petitioner is entitled to receive a fair and equitable share from the post retiral benefits of the Respondent No. 5.

(ii) For issuance of appropriate orders, direction or writ in the nature of Mandamus commanding the respondents concerned, particularly the Respondent No 3 to take necessary steps/issue necessary orders for deletion of name of 2nd wife

Patna High Court CWJC No.14196 of 2022(2) dt.09-05-2023 2/2 from the service book and pension papers of the respondent No. 5, and, the name of petitioner shall be inserted in (all) the pension papers of respondent No.5.

(iii) For issuance of appropriate orders, direction or writ in the nature of Mandamus commanding the respondents concerned, particularly the Respondent No 3 to take necessary steps/issue necessary orders for apportioning the post retiral benefits of the respondent No. 5, in the equal proportions & manner as allowed & made applicable in case of, Pension (Full): Family pension."

Considering the nature of reliefs, sought for by the petitioner, in the present case, I deem it fit and proper to grant liberty to the petitioner to avail such other alternative remedies as are otherwise available under the law for redressal of her aforesaid grievances.

Accordingly, the writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) kanchan/Saurav U