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2023 Supreme(Pat) 945

PURNENDU SINGH
Mostt. Domani Devi – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioner: M/s Rajeev Kumar Singh, Prabhat Singh, Gyanendra Kr. Diwakar, Uday Kumar.
For the Respondents: M/s Kameshwar Kumar, GP- 17, S. K. Ranjan, AC to GP-17.

Purnendu Singh, J. – Heard Mr. Rajeev Kumar Singh, learned counsel appearing on behalf of the petitioner and Mr. Kameshwar Kumar, learned GP- 17 appearing on behalf of the State.

2. This order is being passed in continuation of the order dated 22.08.2023. Learned counsel appearing on behalf of the petitioner submits that the petitioner is aggrieved by the action of the respondent no.5 i.e. the Block Education Officer, BlockPatna Dagarua, Purnea. He submits that petitioner is the first wife and she is the only legally wedded wife and any second marriage is void. He further submits that to quantify the claim of respondent no.7 to be the legally wedded wife of the deceased employee in that case the concerned must have brought the prior permission granted to the deceased employee by the Controlling Officer permitting him to remarry, during his service period in accordance with the circular of the Finance Department of the State Government bearing No. P.C.-1-Misc.-41/92/10059/Vi., dated 06.09.1996, which specifies that it is only the first wife who is entitled to family pension and thereafter the dependent minor children of both the wives can have a right on family pension, but the secon

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