BIBI FIROZA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Atiullah, the counsel for the petitioner and Mr. N. Hoda Khan, SC -18 for the respondent State.

(2.) A counter affidavit has been filed on behalf of the respondents no. 1, 2, and 5. The petitioner has filed the supplementary affidavit bringing on record the undertaking on the sanctioned order passed in favour of her deceased husband.

(3.) It is not in dispute that the petitioner is the biological mother of her minor son who lost his life during the riots, which broke out in 1989 in and around Bhagalpur. The victim boy was borne from the wedlock of petitioner with Md. Nasiruddin. The State Government as a policy decision decided to give pension to the dependents of the riot victims of Bhagalpur. Vide order dated 29.11.2007 (Annexure -1), payment of pension at the rate of Rs. 2500/ - per month effective from 01.09.2007 was issued in favour of the father of the victim. The father had by then divorced the petitioner and contracted marriage with another lady. An undertaking was given by him (the father) that he shall apportion the pension amount between him and his divorced wife (the petitioner).