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Patna High CourtCWJC/15482/2018disposed

Rakesh Uraon @ Rakesh Uranw v. The State Of Bihar And ORS

2021-01-28Mr. Justice Birendra Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15482 of 2018 ====================================================== Rakesh Uraon @ Rakesh Uranw S/o Late Hiraman Uraon @ Late Hiraman Uranw, Resident of Village-Chakarsan, P.O.-Chauhatta P.S.-Manpur, Dist.- West Champaran.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Secretary, Public Health Engineering Department, Govt. of Bihar, Patna 2.

The Secretary, Public Health Engineering Department, Govt. of Bihar, Patna. 3.

The Engineer-in-Chief-Cum-Special Secretary, Public Health Engineering Department, Govt. of Bihar, 4.

The Chief Engineer, Public Health Engineering Department, Govt. of Bihar, Muzaffarpur.

5.

The Superintending Engineer, Public Health Circle, Public Health Engineering Department, Govt. of Bihar, Motihari 6.

The Executive Engineer, Public Health Division, Public Health Engineering Department, Govt. of Bihar, Bettiah,District-West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar, Adv For the State :

Mr.Sushil Kumar Mallick, A.C. to S.C.4.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 28-01-2021 Heard the parties.

2. Petitioner claims for retiral benefit of his father Late Hiraman Uraon @ Late Hiraman Uranw who died in harness on 02.03.2017 while working as Peon under Public Health Division, Public Health Engineering Department, Govt. of Bihar, Bettiah.

3. Claim of the petitioner is that Hiraman Uraon @ Hiraman Uranw died leaving behind the heirs mentioned in para-4 of the petition as Class-I heirs and left no other Class-I heirs.

Patna High Court CWJC No.15482 of 2018 dt.28-01-2021 2/3

4. It was brought to the notice of this Court that one Geeta Devi claiming herself as wife of Late Hiraman Uraon @ Late Hiraman Uranw had filed CWJC No.6300 of 2019 putting claim on the retiral benefit of Late Hiraman Uraon @ Late Hiraman Uranw and the writ application was disposed off on 15.06.2020 with a direction to the petitioner to file a detailed representation within eight weeks and the respondent authority was directed to consider the same according to law.

5. The respondent No.5, Superintending Engineer, P.H.E.D. in the counter affidavit, stated that the petitioner is son of the first wife Ramrajiya Devi i.e. Subrajiya Devi. First wife of Hiraman Uraon @ Hiraman Uranw pre-deceased Hiraman Uraon @ Hiraman Uranw and after her death Hiraman Uraon @ Hiraman Uranw married with Geeta Devi. Geeta Devi is recorded as nominee of Late Hiraman Uraon @ Late Hiraman Uranw. Moreover, the voter I.D. of Geeta Devi also finds mention of the name of the husband as Hiraman Uraon @ Hiraman Uranw.

6. In view of the aforesaid disputed fact, let the petitioner also file representation before the competent authority who shall pass order according to law.

Patna High Court CWJC No.15482 of 2018 dt.28-01-2021 3/3

7. With the aforesaid observation, this writ application is disposed off.

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date 01.02.2021 Transmission Date