Miss Reshma Kumari v. The North Bihar Power Distribution Company Ltd.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.25270 of 2019 ====================================================== Miss Reshma Kumari Daughter of Late Upendra Ram Ex Lineman, Electric Supply Division, Supaul under Saharsa Circle, Resident of Power House Colony, Ward No.10, P.O., P.S. and District- Saharsa. ... ... Petitioner/s

Versus

1.

The North Bihar Power Distribution Company Ltd. through its Chairmancum-Managing Director, Vidyut Bhawan, Bailey Road, Patna- 800021. 2.

The General Manager (Finance), North Bihar Power Distribution Company Ltd., Vidyut Bhawan, Bailey Road, Patna 800021. 3.

The Deputy General Manager-cum-Electrical Superintening Engineer, Koshi Electrical Supply Area, At and P.O., P.S. and District- Saharsa. 4.

The Electrical Executive Engineer, Electric Supply Division, At, P.O., P.S. Supaul, District Saharsa.

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

For the Petitioner/s :

Mr.Ramnandan Kr. Sinha For the Respondent/s :

Mr.Vinay Kirti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-01-2020 Heard learned counsel for the parties.

2. The petitioner is claiming to be the daughter of one Upendra Ram, who died while serving under North Bihar Power Distribution Company, according to the petitioner, on 25.07.2019. She has filed the present writ application seeking direction to the respondent-Company to pay to her the deathcum-retiral benefits, consequent upon the death of her father in accordance with Rule 186(2) (iii) of the Bihar Pension Rules, 1950 (hereinafter referred to as 'the Rules'). Further, according to the petitioner, her mother had died during the life time of late

Patna High Court CWJC No.25270 of 2019(2) dt.22-01-2020 2/2 Upendra Ram, whereafter, he had started living with another lady without performing any legal marriage to her knowledge. The name of the lady has been disclosed in paragraph 4(v) of the writ application.

3. It is evident from the pleadings of the petitioner herself that the question as to whether the deceased employee died leaving behind any widow or not and whether the petitioner is the only member in the family entitled for pension under Rule 186 (2) (iii) of the Rules, is required to be considered at appropriate level.

4. It will be open for the respondents to take a decision in this regard, if any claim is made on behalf of the petitioner or any other person.

5. This application stands disposed of with the aforesaid observation.

(Chakradhari Sharan Singh, J) arun/- U