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Patna High CourtCWJC/20503/2019disposed

Vikash Mandal v. The State Of Bihar

2020-01-28Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20503 of 2019 ====================================================== Vikash Mandal, Son of Late Kailash Mandal, Resident of Village- Tulsipur, P.S.- Kharik, District- Bhagalpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary Animal Husbandry Department, Government of Bihar, Patna.

3.

The District Animal Husbandry Officer Kishanganj, District- Kishanganj, Bihar.

4.

The District Magistrate Kishanganj, District- Kishanganj, Bihar. 5.

The Animal Husbandry Officer cum Hospital In- Charge At Birnia, DistrictKishanganj, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar Thakur, Adv.

For the Respondent/s :

Mr. W.A. Khan, AC to SC-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-01-2020 Heard learned counsel for the parties.

2. The petitioner is claiming to be the eldest son of one Kailash Mandal, who was working as Night Guard at Birnia Animal Husbandry Hospital, Kishanganj and died on 25.01.2019 in harness.

3. The petitioner is seeking a direction to the respondents for payment of death-cum-retiral dues consequent upon the death of the deceased employee, claiming himself to be the Karta of the joint family left behind the deceased employee.

Patna High Court CWJC No.20503 of 2019(6) dt.28-01-2020 2/2

4. A counter affidavit has been filed on behalf of the State of Bihar stating therein that one Kamini Devi is claiming to be the second wife of the deceased employee and there being dispute between the petitioner and the said second wife of the deceased employee, no final decision has been taken and the parties have been asked to produce succession certificate for the said purpose.

5. This application is disposed of with an observation that the petitioner shall be at liberty to establish his claim before the authorities by producing succession certificate for payment of the entitlements consequent upon the death of the deceased employee.

(Chakradhari Sharan Singh, J) Rajesh/- U