BIBI RASHIDA KHATOON Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned counsel for the State and learned Counsel for the Accountant General, Bihar.

(2.) In the present case, issue has been raised with regard to entitlement of family pension. The petitioner was married to Md. Sultan during the lifetime of his first wife namely, Bibi Kusum. From the record, it appears that the husband of the petitioner superannuated from the service on 30/6/1983 and he entered into the marriage with the petitioner on 19/1/1984. Admittedly, the second marriage was solemnized after superannuation of Md. Sultan. Rule-23 of the Bihar Government Servant's Conduct Rules, 1976, provides and prescribes that during the lifetime of first wife, the employee would not enter into the second marriage but, this Rule would apply so long he is in service, after superannuation, he ceased to be a Government servant, save and except, his governance for pension under the Bihar Pension Rules.

(3.) From the record, it appears that first wife of Md. Sultan died on 5/11/2003 and Md. Sultan died on 5/9/2005, so during the lifetime of husband, the first wife died. It has been complaint that the petitioner has been deprived of family pension on the plea that as the first wife is not alive, the petitioner being second wife of Md. Sultan, is not entitled to family pension placing reliance on the Resolution No. 1549 dtd. 24/6/2011.