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Patna High CourtCWJC/23192/2019dismissed

Most. Bilasi Devi v. The State Of Bihar

2020-09-16Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23192 of 2019 ====================================================== Most Bilasi Devi, Female, aged about 69 years, Wife of Subalal Harijan @ Sabulal Harijan, Resident of Village- Darmraha (Dulalganj), P.O.- Hakania, District- Purnia.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Home Department, Govt. of Bihar, Patna.

2.

The District Magistrate Purnia.

3.

The Sub- Divisional Magistrate, Bayasi, Purnia. 4.

The Officer-in- Charge, Amaur Police Station, Purnia. 5.

The Accountant General, Bihar, Patna.

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

For the Petitioner :

Mr. Lalit Narayan Jha, Advocate For the State :

Mr. Anil Kumar, A.C. to S.C.8 For the A.G.

:

Dr. Anand Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-09-2020 Heard learned counsel for the petitioner, Mr. Anil Kumar, learned A.C. to S.C.8 and Dr. Anand Kumar, learned counsel appearing on behalf of the Accountant General through video conferencing.

The petitioner in this writ petition seeks direction to the respondents for payment of family pension to the petitioner after the death of the first wife of her husband, Subalal Harijan. After the death of Subalal Harijan, his first wife Sahwani Devi was granted family pension in accordance with law. Sahwani Devi died on 11.06.2017 and thereafter the petitioner filed this writ petition for grant of pension.

Patna High Court CWJC No.23192 of 2019(5) dt.16-09-2020 2/2 Admittedly the petitioner is the second wife of Subalal Harijan. There is no law to provide pension to the second wife of a deceased. The arrears of retiral dues after the death of first wife of Subalal Harijan was granted to the son of the first wife.

Taking into consideration the facts aforesaid, I find no merit in this writ petition. Accordingly, the same is dismissed. (Prabhat Kumar Jha, J) S.KUMAR/- U