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2021 Supreme(Pat) 681

CHAKRADHARI SHARAN SINGH
Sunita Devi @ Ankush Kumari – Appellant
Versus
State Of Bihar – Respondent


Advocates Appeared:
Mr. Ashhar Mustafa, Advocate, Mr. Falakyar Askari, Advocate, Mr. Md. Murad Ashraf, Advocate, for the Appellant; Mr. Md.N.H. Khan (SC-1), Mr. Siddhartha Prasad, Advocate, Mr. Om Prakash Kumar, Advocate, for the Respondent.

JUDGMENT

1. Petitioner No. 1 Sunita Devi claims that her alias name is Ankush Kumari. In the present writ application, she asserts herself to be the second wife of late Gauri Shankar Prasad, who died in harness as a Sub-Inspector in Bihar Police. It has been claimed in the writ application that petitioners no. 2 and 3, who are minor children, are born out of the marriage between the petitioner no. 1 and late Gauri Shankar Prasad.

2. The Respondent No. 6 is, admittedly, the first wife of late Gauri Shankar Prasad. This writ petition has been filed seeking quashing of a communication dated 29.11.2018, issued by the Superintendent of Police, Katihar addressed to the District Provident Fund Officer, Katihar for payment of General Provident Fund amount in favour of Respondent No. 6, consequent upon death of the deceased employee.

3. The petitioners are seeking a direction from this Court, commanding the respondents to first consider the claim of the petitioners, who, it is stated, are wife and minor children of the deceased employee, and then issue an order afresh in accordance with law.

4. I have heard Mr. Ashhar Mustafa, learned counsel for the petitioners, Mr. N.H. Khan, SC-1 for the Sta

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