UZRA KHATOON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner, claiming herself to be the first legally married wife of deceased Ali Akbar, has sought a direction for payment of half share in the retiral benefits of her late husband and half share in the family pension with arrears of family pension since 12.11.1996.

(2.) THE husband of the petitioner who was a Primary Teacher in a school died on 19.11.1996. From the wedlock the petitioner was blessed with a daughter and a son. The husband of the petitioner contracted second marriage with one Sanju Ara with whom he had three sons and four daughters. It appears that petitioner submitted an application on 28.07.1998 before the District Superintendent of Education, Hazaribagh for granting her share in retiral benefits of her husband and for compassionate appointment. However, inspite of repeated representations, the claim of the petitioner was not settled by the respondents and, therefore she had to approach this Court. The second wife of Late Ali Akbar has been arrayed as Respondent No. 8.

(3.) REJOINDER affidavit has been filed by the petitioner controverting the statements made by the Respondent No. 8.