IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1793 of 2022

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Santawana Adhikari W/o Late Tarkeshwar Pandey, Resident of Village and

Post Office-Baikatpur, P.S.-Khusrupur, District-Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Human Resources

Development Department, Government of Bihar, Patna.

2.

Director, Primary Education, Government of Bihar, Patna.

3.

District Education Officer, Patna, District-Patna.

4.

District Programme Officer (Estt.) Patna, District-Patna.

5.

Head Master-cum-Drawing Disbursing Officer, Middle School, Baikatpur,

Khusrupur, District-Patna.

6.

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

7.

Treasury Officer, Sub treasury, Patna City, Patna.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr. Saroj Kumar Sharma, Adv.

Ms. Kiran Kumari Sharma, Adv.

For the Respondent/s

:

Mr. Prabhakar Jha (GP27)

For Acctt. General

:

Ms. Ritika Rani, Adv.

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

ORAL ORDER

2

20-04-2022

Heard the parties.

The petitioner claims to be 2^nd wife of the deceased

employee, who retired in the year 2013 from the post of

“Assistant Teacher” and died on 19-03-2014.

Learned counsel for the petitioner submits that after

the death of 1^st wife, the employee solemnized marriage with the

petitioner in the year 1991. Accordingly, by way of present writ

application the petitioner claims pension and gratuity amount of

Rs. 664430 /- payable to her husband.

Patna High Court CWJC No.1793 of 2022(2) dt.20-04-2022

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Ms. Ritika Rani, learned counsel appearing for the

Accountant General referring to Annexure – 1 to the writ

petition submits that earlier the son of the deceased employee

had approached this Court in C.W.J.C. No. 4633 of 2016

claiming the same relief, which has been decided by this Court

by the following order:-

“4. The admitted position is that the

petitioner is the son of late Tarkeshwar Pandey,

from the first wife, and after death of his mother,

his father had married another lady and when

the father also died in the year 2014, she has

gone back to the State of West Bengal and, as

per the stand taken by learned counsel for the

petitioner, she has remarried.

5. In view of the aforesaid, the stand of

the authorities that the payment of gratuity

cannot be made to the petitioner unless all the

claimants come and there is agreement or a

competent court gives succession certificate

defining the share of each of the heirs.

6. Thus, the Writ Court cannot go into all

those aspects moreso, when admittedly there is

another brother of the petitioner and a legally

wedded wife (now widow) of his late father, the

matter has to be sorted out either among

themselves or by getting a succession certificate

from the Civil Court of competent jurisdiction.

7. The writ petition stands disposed off

Patna High Court CWJC No.1793 of 2022(2) dt.20-04-2022

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with the liberty to the petitioner to avail of his

remedy under the common law and / or the

competent authority.”

In view of the fact that for the same relief another set

of claimant had approached this Court and the writ petition

was disposed off with liberty to the petitioner to avail remedy

under the common law and / or the competent authority, as such,

I am not inclined to interfere in the present writ petition.

Accordingly, the writ application stands rejected.

praful/-

(Anil Kumar Sinha, J)

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