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2016 Supreme(Pat) 85

NAVANITI PRASAD SINGH, NILU AGRAWAL
Ati Razia Devi – Appellant
Versus
State of Bihar – Respondent


NAVANITI PRASAD SINGH, J.:–The appellant is the unsuccessful writ petitioner who claims to be the first wife of Late Ram Singhasan Ram @ Ram Sigasan Ram. The dispute is with regard to liability of the State to pay family pension. She claims that being the first lawful wedded wife of the said late employee, she is entitled to receive family pension. State, on the other hand, submits that as per nomination in the service book of the late employee, the fact which is not denied by the appellant, the nominee was Sahodari Devi, the alleged second wife of the late employee. The stand of the State is that, in terms of the nomination as made by the employee, State was bound to pay the nominee, if no one disputes the right, title and interest of the nominee for payment. It was for him/her to move appropriate court for appropriate directions, but, so long as the nominee stood as such, State was bound to pay the nominee.

2. Having considered the matter, in our view, the stand of the State and the learned Single Judge is correct. The very purpose of the nomination is to enable the State to meet its obligations and get a valid discharge in respect thereof. Once, the employee had nominated the ot

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