MEHRUN NISHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State and for the private respondent No. 7. The petitioner seeks a direction on the respondent Nos. 4 to 6, namely, the Accountant General (A&E), Bihar, the Treasury Officer, Gopalganj and the Branch Manager, Central Bank of India to pay the entire family pension to the petitioner.

(2.) The brief uncontroverted facts of the case are that the husband of the petitioner, namely, Md. Merajuddin Ansari was married to the petitioner about 50 years back, from which marriage two sons and two daughters were born, who are all major. The husband of the petitioner was a Government Officer who retired from the post of Medical Officer, Primary Health Centre, Dighwa Dubauli at Gopalganj on 31.3.1997 and on that basis PPO was issued by the Accountant General, Bihar, The husband of the petitioner also solemnized a second marriage in the year 1977 with respondent No. 7 Bina Ansari; from the said marriage also two children were born, who are married. The husband of the petitioner died on 12.11.2011. Thereafter family pension is being paid in favour of respondent No. 7.

(3.) The petitioner filed the writ petition initially for payment of half of the family pension but subsequently the prayer has been permitted to be amended for claiming full amount of family pension.