LAKHPATI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) DECEASED Bashudeo Narayan Singh at the time of his death left two widows, namely, Yashoda Devi and the present petitioner, Lakhpati Devi. After his death, family pension was paid to Smt. Yashoda Devi, who had expired on 16.8.2000. Since after the death, the petitioner claiming herself to be be second wife is requiring the respondents to pay her full family pension which was paid to Smt. Yashoda Devi, it appears from the records that the respondents took up the matter and one of the Superintendent of Excise reported to the Commissioner, Excise that the present petitioner would be entitled to 50% of the family pension. However, the respondents in paragraph 11 of their counter have submitted that a male Hindu Government servant would be entitled to keep only one wife and if she is aiive he cannot marry with another woman. According to them, as the petitioner claims herself to be the second wife, she would not be entitled to any pension.

(3.) THE petitioner has placed her strong reliance upon a Single Bench judgment of this Court in the matter of Shanta Sinha V/s. The State of Bihar & Ors. [1997(1) PLJR 416]. It is contended that the pension being a right can be survived and succeeded by the successors and as in the present matter the second widow has succeeded and survived the first widow, she would be entitled to 100 per cent pension. Learned counsel for the respondents sticking to the stand taken in the counter affidavit says that the petitioner being the second wife would not be entitled to the family pension.