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2013 Supreme(Pat) 1201

AJAY KUMAR TRIPATHI
Most. Kiran Devi – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioners: M/s Dineshwar Mishra, Surendra Mishra.
For the Resp. no. 5 : M/s Kumar Kaushik, P.K. Verma, Dr. Mankeshwar Tiwari.

ORDER

Heard the parties.

2. The admitted position is that the petitioner is the second wife. The first wife is respondent no.5, who is represented through her counsel.

3. The husband was working as a Mali in Road Construction Division, Patna. He died in harness on 7.12.2008. Obviously he left behind a bundle of disputes, which are being sorted out in the Court including fight for retiral benefits of the dead employee.

4. Petitioner wants a direction upon the respondents to settle all claims in her favour in view of her nomination by ex employee. However that was seriously contested by the first wife on the basis of information obtained under Right to Information Act, which certifies that there was no nomination. In this background respondent-authority asked for the Succession Certificate, which in the opinion of the Court is the right course of action.

5. So far as mandamus in favour of the second wife is concerned, the Court cannot ignore the circular dated 6.9.1996, which has been incorporated in the Bihar Pension Rules, 1950 and is re-produced herein below:–

^^fcgkj ljdkj foÙk foHkkx Kki la[;k& ihñ lhñ & 1 fel & 41/92/ 10,059@foñ] fnukad 6.9.1996

fo"k;%& ljdkjh lsodksa dh nwljh iRuh d







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