IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5904 of 2019

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Rajbansi Devi W/o Late Radhe Shyam Ray Res. of Vill.- Borbara, P.O.-

Unsar, P.S.- Bonchaha , Blick- Bonchaha, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar

2.

The Principal Secretary Education Department, Bihar Patna.

3.

The Regional Deputy Director of Education Tirhut Division, Muzaffarpur.

4.

The District Education Officer Muzaffarpur.

5.

The District Program Officer (Establishment), Muzaffarpur.

6.

The District Provident Fund Officer Muzaffarpur.

7.

Phool Kumari Devi 2nd Wife of Late Radhe Shyam Ray Res. of Vill.-

Borbara, P.O.- Unsar, P.S.- Bonchaha, Block- Bonchaha, Distt.-

Muzaffarpur.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr. Nalin Kumar, Advocate

For the Respondent/s

:

Mr. Narendra Kumar, A.C. to G.P. 20

For Respondent 7

:

Ms. Rekha Prasad, Advocate

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY

ORAL ORDER

3

27-08-2019

Heard learned counsel for the petitioner and learned

counsel appearing on behalf of the respondents.

Petitioner is aggrieved by the order passed by the

Principal Secretary, Education Department in Memo No. 1106,

dated 13.06.2017. The Principal Secretary, on consideration of

the disputed position of fact, has held out that the parties may

approach the competent court for declaration as to the first wife

and on such declaration the Education Department shall grant

the post-retiral benefits.

Patna High Court CWJC No.5904 of 2019(3) dt.27-08-2019

2/2

Considering the reason assigned for passing the order,

the Court is not inclined to entertain this writ application and

enter into the thickets of facts. However, for early disposal of

the dispute the parties are directed to approach the Court below

where the title suit no. 303 of 2018 is pending. The Court below

is directed to decide the title suit on day to day basis at the

earliest, preferably within a period of six months from the date

of receipt/production of a copy of this order.

With the aforesaid, the present writ application stands

disposed of.

uma/-

(Anil Kumar Upadhyay, J)

U