LAWS(PAT)-2021-3-75

DULARI DEVI Vs. STATE OF BIHAR

Decided On March 22, 2021
DULARI DEVI Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The present writ petition has been filed for quashing of office order, contained in letter no. 4123 dtd. 13.03.2019, issued under the signature of Senior Accounts Officer, Bihar, Patna (Respondent no. 7), whereby the Treasure Officer, Nirmali, District - Supaul (Respondent no. 5) has been directed to make payment of the family pension only to the first wife of the deceased employee Raghuvir Ram namely Maha Devi (Respondent no. 8), ignoring the claim of this petitioner, who claims to be second wife of deceased Raghuvir Ram, with a further direction to respondents to make payment of family pension to this petitioner also taking into account that she is one of the widow of her deceased husband, having no source of her livelihood.

(3.) It is the case of the petitioner that the husband of this petitioner namely late Raghuvir Ram had been appointed as Assistant Teacher in Middle School on 15.01.1974 and superannuated from service on 30.11.2012. It is further contended that after retirement, pension payment order was issued on 09.04.2013 containing the photographs of both the wives including the petitioner. Subsequently, the husband of the petitioner expired on 18.08.2015 leaving behind his first wife Maha Devi (Respondent no. 8) as well as this petitioner.