LAWS(JHAR)-2022-8-163

BABITA DEVI Vs. STATE OF JHARKHAND

Decided On August 30, 2022
BABITA DEVI Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) The appellant who was the writ petitioner is aggrieved of the order dtd. 11/11/2019 passed in WP(S) No.2838 of 2019.

(2.) On account of a dispute between the appellant and Nutan Kachhap with whom the husband of the appellant had solemnized second marriage, WP(S) No.2838 of 2019 was instituted by the appellant with a prayer for payment of death-cum-retiral benefits including gratuity with interest payable to her on death of her husband who died in a road accident on 2/8/2017. It appears that in the proceeding of WP(S) No.2838 of 2019, it was brought to the notice of the Court that Ms. Anushka Kumari was born out of wedlock between Binod Kumar Singh and Nutan Kachhap and, accordingly, the writ Court approved the decision of the competent authority to pay pension and death-cum-retiral benefits to the appellant and Ms. Anushka Kumari.

(3.) It is this decision of the writ Court to which the appellant has taken exception to on the ground that the death-cum-retiral benefits accrued on death of her husband should be distributed equally amongst all legal heirs.