Legal heirs can only claim monetary benefits from the State Government if their names are reflected in the service book or any document indicating nomination by the deceased employee.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1676 of 2018

In

Civil Writ Jurisdiction Case No.16196 of 2016

======================================================

(i) Rakesh Kumar @ Rakesh Saw, Male, aged about 34 years, S/o Late Malti

Devi and Late Devlash Prasad, R/o Village – Raghurampur, Usari, P.S.

Shahpur, Danapur, District – Patna

(ii) Mamta Devi @ Mamta Shaw, Female, aged about 50 years, D/o Late

Malti Devi and Late Devlash Prasad, W/o Uma Shankar Shaw R/o Village –

Nichar Ganj, P.S. Parwalganj, District – Nalanda.

(iii) Rekha Devi, Female, aged about 30 years, D/o Late Malti Devi and Late

Devlash Prasad, W/o Arvind Saw, R/o Village – Manjhauli, P.S. Bikram,

District – Patna.

... ... Appellant/s

Versus

1.

The State Of Bihar through the Principal Secretary, Home Department,

Bihar

2.

The Principal Secretary, Home Departmental, Bihar, Old Secretariat, Patna.

3.

That I.G. Jail, Bihar, Old Secretariat, Patna.

4.

The Director of Probation Services, Bihar, Patna.

5.

The Principal Probation Officer, Patna, Danapur Jail, Patna.

6.

The Treasury Officer, Patna.

7.

The Accountant General,Bihar, R-Block, Patna.

... ... Respondent/s

======================================================

Appearance :

For the Appellant/s

:

Mr. Siddharth Harsh, Advocate

For the State

:

Mr. Saroj Kr. Sharma, AC to AAG 3

For Accountant General :

Mr. Raj Nandan Prasad, Advocate

======================================================

CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI

and

HONOURABLE MR. JUSTICE ARUN KUMAR JHA

ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 10-01-2023

Re: I.A. No. 2 of 2022

Patna High Court L.P.A No.1676 of 2018 dt.10-01-2023

2/3

Heard I.A. No. 2 of 2022, application for substituting the

name of the appellant – Malti Devi, wife of deceased Devlas

Prasad.

2. For the reasons stated in the application and affidavit,

substitution application is allowed. The appellant’s counsel is

hereby directed to carryout necessary amendment in the cause title

during the course of the day.

3. With the consent of the learned counsels for the

respective parties, matter is taken up for final disposal.

4. Core issue involved in the present appeal is whether

appellants - legal heirs of Malti Devi are entitled to certain

benefits with reference to her deceased husband or not? Deceased

Malti Devi is stated to be second wife of deceased Devlas Prasad.

Claiming any monetary benefits from the State Government with

reference to employment of deceased Devlas Prasad by the legal

heirs - appellants, their names should have been reflected in the

service book or any document that deceased Devlas Prasad had

nominated his second wife Malti Devi or appellants - legal heirs

of Malti Devi as his nominee for the purpose of claiming any

monetary benefits like family pension and other benefits.

5. Admittedly, deceased Malti Devi or the appellants’ names

have not been mentioned as nominee of the deceased Devlas

Patna High Court L.P.A No.1676 of 2018 dt.10-01-2023

3/3

Prasad. Accordingly, the appellants have not made out a case so

as to interfere with the impugned order dated 20.07.2018 passed

in C.W.J.C. No. 16196 of 2016. Hence, L.P.A. stands dismissed.

GAURAV S./-

(P. B. Bajanthri, J)

( Arun Kumar Jha, J)

AFR/NAFR

CAV DATE

Uploading Date

17.01.2023

Transmission Date