PRABHAT KUMAR SINGH
DULARI DEVI – Appellant
Versus
STATE OF BIHAR – Respondent
JUDGMENT :
Prabhat Kumar Singh, J.
1. Heard learned counsel for the parties.
2. The present writ petition has been filed for quashing of office order, contained in letter no. 4123 dated 13.03.2019, issued under the signature of Senior Accounts Officer, Bihar, Patna (Respondent no. 7), whereby the Treasure Officer, Nirmali, District - Supaul (Respondent no. 5) has been directed to make payment of the family pension only to the first wife of the deceased employee Raghuvir Ram namely Maha Devi (Respondent no. 8), ignoring the claim of this petitioner, who claims to be second wife of deceased Raghuvir Ram, with a further direction to respondents to make payment of family pension to this petitioner also taking into account that she is one of the widow of her deceased husband, having no source of her livelihood.
3. It is the case of the petitioner that the husband of this petitioner namely late Raghuvir Ram had been appointed as Assistant Teacher in Middle School on 15.01.1974 and superannuated from service on 30.11.2012. It is further contended that after retirement, pension payment order was issued on 09.04.2013 containing the photographs of both the wives including the petitioner. Subsequ
Kalawati Devi vs. State of Bihar
Rameshwari Devi vs. State of Bihar and Ors. (2000) 2 SCC 431
The validity of a marriage under the Tamil Nadu Pension Rules and Section 5(i) of the Hindu Marriage Act, 1955, and its impact on entitlement to family pension.
Muslim Personal Law permits second marriages and subsequent rights to family pension; prior government circulars cannot override this principle.
On death of legally wedded wife, who is not survived by any child eligible to receive pension, share of family pension to her stream would not lapse, but would be payable to eligible children from ot....
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