VIDYA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition has been filed for a direction to the respondents to release death -cum -post retiral benefits of late husband of the petitioner, namely, Asarfi Prasad Saxena together with interest for delayed payment.

(2.) IT is an admitted fact that Asarfi Prasad Saxena was posted as Technician, a Class -Ill post in the Sadar Hospital, Munger, under Civil Surgeon -cum -Chief Medical Officer, Munger. He died in harness on 28.11.87 and just before death he nominated the petitioner Vidya Devi and her son Sardar Jawahar Lal Saxena to receive the Group Insurance amount. It is also an admitted fact that for receipt of the G.P.F. amount the petitioner and her son were nominated by her late husband before his death. The petitioner happens to be as claimed to be the second wife of Asarfi Prasad Saxena. The petitioner 'shusband was first married with one Smt. Shyama Kumari Sinha and in that wedlock he had two daughters, namely, Asha Lata Sinha and Kanchan Bala Sinha. During his life time the first daughter Asha Lata Sinha was married. According to the petitioner, with the consent of the first wife, Vidya Devi was married to Asarfi Prasad Saxena as he was not having any male child and in that second wedlock, according to the petitioner, two sons were born namely, Sardar Jawahar Lal Saxena and Hiralal Saxena. The petitioner claims for death -cum -retiral benefits of Asarfi Prasad Saxena and also with regard to appointment of Sardar Jawahar Lal Saxena on compassionate ground.

(3.) THE petitioner filed a representation on 22.4.91 before the Civil Surgeon -cum - Chief Medical Officer, Munger, for payment of all retiral benefits in her favour. It could be mentioned here that admittedly on 5.4.91 the first wife Shyama Kumari Sinha died and on compassionate ground the daughter of Shyama Kumari Sinha i.e. Kanchan Bala Sinha had been appointed as Class - IV staff. Even after several representations being filed the petitioner had not been paid the retiral benefits and as such the present writ petition.