ORAL JUDGMENT

Date : 20-03-2025 Heard the parties.

2. The petitioner is admittedly second wife of the erstwhile employee late Kalam Khan, who died in harness on 29.08.2018 while working as Peon in the office of the Executive Engineer, Irrigation Division, Araria. On being aggrieved by the inaction of the respondents in not according the proportionate retiral benefits/family pension, she approached this Court by invoking the prerogative writ jurisdiction under Article 226 of the Constitution of India seeking a direction upon the respondents to pay the admissible proportionate retiral benefits and the family pension.

3. Mr. Syed Masleh Uddin Ashraf, learned Senior Advocate for the petitioner contended that there is no dispute that the petitioner is the second wife of the erstwhile employee, but as per the Muslim Law and in view of the notification issued by the Government of Bihar dated 27.06.2011, the petitioner is entitled to get the proportionate retiral benefits/family pension. On the strength of the aforesaid notification, the petitioner approached before the Executive Engineer, Irrigation Division, Araria raising her claim for proportionate retiral benefits/family pension. In re