ORAL JUDGMENT

Date : 24-04-2023 Heard Mr. Ratan Kumar Kumar, learned counsel appearing on behalf of the petitioner and Mrs. Binita Singh, learned counsel for the University.

2. Learned counsel appearing on behalf of the petitioner submits that petitioner who is the first wife of the deceased employee namely Baidyanath Jha has been denied retiral dues and family pension. He submits that the Aadhar Card No. 710536844811 would indicate that the petitioner Mohini Devi is the legally wedded wife of the deceased- employee Late Baidyanath Jha and she is entitled for all pensionary benefits which has been denied in spite of specific order of this court dated 14.03.2019 passed in C.W.J.C. No. 142 of 2019. He refers to the operating part of the order dated

14.03.2019 which is reproduced hereinafter: “Considering the nature of claim made by the petitioner, let the petitioner file a detailed representation before the respondent no.2, The Registrar, L.N. Mithila University, Darbhanga which will be disposed of within a period of three months from the filing of such representation. If the petitioner is entitled to any amount, the same shall be paid within a period of two months thereafter.

If death-cum-retiral benefits are in admissible, the same shall be communicated to the petitioner by a speaking order sent through registered post.

Writ application is disposed of accordingly.”

3. Learned counsel further submits that there is no requirement of submitting succession certificate or any decree from the civil court of competent jurisdiction for establishing her claim that she is the legally wedded wife of the deceased employee as she has submitted several documents in that regard which confirms that the petitioner is legal wife. Till date no one has shown interest other than the petitioner to claim family pension which is due on account of death of the deceased employee.

4. Per contra, learned counsel appearing on behalf of the State submits that in compliance of the order of this Court dated 14.03.2019 passed in C.W.J.C. No. 142 of 2019, the claim of the petitioner was considered and after recording reasons on the basis of material produced by the petitioner, the claim of the petitioner that she is the legally wedded first wife of the deceased-employee has been denied. It has further been submitted that the legitimate wife of the deceased employee namely Shanti Devi has also died on 25.01.2019.

5. Learned counsel further submitted that it is admitted that her husband (deceased employee) has left behind his back her and a son namely Ajay Kumar. The authorities have rightly considered to appoint the son of the deceased employee namely Ajay Kumar on compassionate ground. The petitioner being legally wedded wife of the deceased employee entitles her for family pension. The only son of the deceased employee and any other member has not made any objection to the claim of the petitioner. In these background, learned counsel appearing on behalf of the petitioner submits that the order contained in Memo No. 21 dated 12.04.2021 is not sustainable in the eye of law for the reason that the Registrar, Lalit Narayan Mithila University, Darbhanga has not taken note of the fact that the son of the deceased employee has not made any objection with respect to the claim of the petitioner.

6. Having heard the rival submission of the parties, the claim of the petitioner has been denied by the Registrar who has passed the following order, which is, inter alia, reproduced hereinafter:

REASONED ORDER:

1. It was found that the petitioner Mohini Devi claiming to be the first wife of Late B.N. Jha was never considered to be the spouse of the deceased incumbent, which is evident from perusal of the nomination made by Late Dr. Jha in the L.I.C policy, copy of which which was available in the file, in which it was mentioned that Shanti Devi was the nominee as wife of Late Jha.

2. From perusal of the documents submitted by Shanti Devi available in the file, the ID card of Election C