IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6268 of 2022 ======================================================

Gajala Praveen W/o Late Md. Abdul Hasnat R/o-Millat Colony, Sector-1, P.S.-Phulwari, Dist-Patna. ... ... Petitioner/s Versus

1. The State of Bihar through Principal Sec. Education Department, Bihar, Patna.

2. The Dist. Magistrate Bhojpur at Ara.

3. The D.E.O. Bhojpur at Ara.

4. The Dist. Program Officer (Establishment), Bhojpur at Ara.

5. The Accountant General (A and E) Bihar, Patna.

6. The Treasury Officer, Patna.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr.Manoj Kumar, Adv.

For the Respondent/s : Mr.Madhaw Prasad Yadaw ( GP 23 )

For the Accountant General : Mrs. Ritika Rani, Adv.

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CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER

5 13-02-2026 Heard the parties concerned.

2. The present writ petition has been filed for the following relief(s):-

“That the present writ petition is being filed for issuance of appropriate writ/writs, order/orders, direction/directions to the Respondent to pass appropriate order according with law because the Petitioner is 2^nd wife of her husband who have died on 10.04.2021 and the first wife had also died on 15.11.2016 so the petitioner is entitle for family pension her husband died living behind two kids namely, i. Rehana Alam ii. Ayasa and she legally 2^nd wife of Late Md. Abdul Hasnat and after death of her husband the family pension has not been paid to the petitioner so your lordship may pass appropriate order according to law.

3. Learned counsel for the petitioner submits that the deceased-employee, namely, Late Md. Abdul Hasnat had contracted marriage with this petitioner only after the death of the first wife, late Roohi Farzana, who is said to have died on 15.11.2016, and out of the said marriage, the petitioner has got two children and late husband of this petitioner, is said to have died on 10.04.2021. The marriage certificate was also obtained from the office of the Muslim Marriage Registrar & Quazi, Patna under Registration No. 15/2016-844/2017, during his life time, which is appended as Annexure-3 of the petition and on the basis of such marriage, the petitioner is claiming family pension, which is said to have been denied by the authorities.

4. It has next been submitted that the Personal Law which governs the issue does not prohibit such marriages and, therefore, the issue, which has already been put at rest by the Co-ordinate Bench of this Court in the case of Md. Nishar Ahmad Khan v. The State of Bihar and Ors passed on 16.01.2013 in CWJC No. 7946 of 2007, has not been taken note of by the authorities, who have filed counter affidavit opposing the relief being sought for by the petitioner. The said proposition as set by the Co-ordinate Bench in the aforesaid case is quoted hereinbelow:-

“Strange are the ways in the State. Strangers are its officers and devoid of any common sense. By this writ petition the petitioner seeks a direction to the State and the Accountant General, Bihar, to insert the name of his second wife in the pension payment order of the petitioner for the purpose of grant of family pension in that eventuality.

No one disputes that petitioner is a Muslim who under Muslim Personal Law is entitled not only to two wives but to four wives and no law till date prohibits such a Muslim alliance or alliances. The Accountant General has filed a counter affidavit stating that State Government has resolved by their circular dated 6.9.1996 that the second wife married in the life time of the first wife would not be recognized for the purpose of family pension though the children from the second wife would have a right to family pension of the deceased Government employee. The Accountant General states that in view of the aforesaid, petitioner cannot be permitted to get the name of his second wife, namely, Akhtari Bibi inserted in