MOSTT.DAULATI DEVI @ DAULATI KUWAR Vs. PATNA UNIVERSITY

JUDGEMENT

(1.) COUNSEL for the petitioner and the counsel for the University are present. No one appeared for respondent No. 5, who allegedly claims herself to be the second wife of the deceased employee.

(2.) On the last occasion also when the case was on list no one appeared for respondent No. 5 though on 16.8.2007 a time was allowed to her to file counter affidavit. Learned Counsel for the petitioner submitted that the petitioner was aged about 75 years on the date of filing of this petition (year 2004). Nothing has been paid to her towards retirement benefits of her deceased husband who superannuated from service as a peon. He further submitted that earlier an order was passed in her favour vide C.W.J.C.No. 2463/1996, but that was subsequently recalled vide order dated 26.3.1997 passed in civil review filed by respondent No. 5 as also by the University. Counsel for the petitioner submitted that the petitioner had not appeared in that review application and the matter was decided ex -parte against her. He also submitted that the petitioner under the Bihar Pension Rules is entitled to get pensionary benefits being legally wedded wife of the deceased. Therefore, the University may be directed to sanction and pay all retrial benefits to the petitioner.

(3.) COUNSEL for the University opposed the submissions and contended that the deceased had two wives and both claimed pension and so in order to remove the doubt as to who is entitled to it the University had filed the civil review and in that case the order passed in C.W.J.C.No. 2463/1996 was recalled and the Patna University and its authorities were directed to pay retirement benefits of late Dwarika Ram to his legal heir on production of succession certificate. Learned Counsel further submitted that the succession case filed by the second wife has been converted into a title suit. Hence, unless and until a succession certificate is produced before it is unable to make payment of the retirement benefits in favour of the petitioner in view of the abovementioned order passed in civil review.