IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.931 of 2017

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Smt. Poonam Devi, widow of late Birendra Sharma, resident of Mohalla -

Rajapur, Mainpura, Ganga Gate No. 33, P.S. - Patliputra, District - Patna.

... ... Petitioner

Versus

1.

Bihar School Examination Board through its Secretary,

2.

Chairman, Bihar School Examination Board, Patna.

3.

Smt. Chintamani Devi, widow of late Birendra Sharma, resident of village -

Phulari, P.S. - Sandesh, District - Bhojpur.

... ... Respondents

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Appearance :

For the Petitioner/s

:

Mr. Bhupendra Narayan Sinha, Advocate

Mr. Shailendra Kumar, Advocate

For the Respondent No.3:

Mr. Ram Naresh Sharma, Advocate

For B.S.E.B., Patna

:

Mr. Syed Arshad Alam, Advocate

For the Respondent/s

:

Mr. Lalit Kishore, A.G.

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CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR

MISHRA

ORAL JUDGMENT

Date : 18-03-2021

Heard Sri Bhupendra Narayan Sinha, learned

counsel appearing on behalf of petitioner, Sri Ram Naresh

Sharma, learned counsel appearing on behalf of Respondent

No.3 and Sri Syed Arshad Alam, learned counsel appearing on

behalf of Bihar School Examination Board, Patna.

The petitioner seeks direction to the respondent

No.1 and 2, Secretary and Chairman, Bihar School Examination

Board, Patna (hereinafter referred to as the “Board”) to pay

entire post retirement family pension to the petitioner.

The brief facts leading to this writ application is

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that Birendra Sharma was married with respondent No.3

Chintamani Devi in the year 1960, but there was no issue out of

their wedlock. Thereafter, Birendra Sharma performed his

remarriage with the petitioner, namely, Poonam Devi in the

year 1987, with the consent of respondent No.3 Chintamani

Devi, and due to wedlock they were blessed with a male issue,

namely, Deepak Kumar, who is minor. Birendra Sharma was

working as Assistant in the office of Bihar School Examination

Board, Patna and he retired from the service on 31.05.2003 and

died on 01.01.2015 living behind his first wife respondent No.3

Chintamani Devi, second wife petitioner Poonam Devi and a

minor son, namely, Deepak Kumar, who born with the

petitioner. After death of Birendra Sharma, the petitioner,

being the second widow, filed an application before the Board

stating therein that she has been made nominee to get family

pension in the deed of Will executed by her husband Birendra

Sharma on 31.12.2008. After receiving the said application of

the petitioner, the Secretary, Bihar School Examination Board,

Patna (Respondent No.1) informed the matter to Chintamani

Devi (Respondent No.3) through its letter dated 18.06.2015

stating that after the death of her husband, she has not made

any claim regarding family pension, whereas petitioner has

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filed an application along with the deed of Will to allow her to

get the family pension. On the same day, the Secretary of the

Board (Respondent No.1) also wrote a letter to the petitioner

informing her that in view of the decision of Hon’ble High

Court, Patna, the first wife of the deceased-employee is

entitled to get family pension. After receiving the said letter of

the Secretary of the Board (Respondent No.1), Chintamani Devi

(Respondent No.3) filed a petition on 10.07.2015 along with an

affidavit sworn before the Executive Magistrate, Patna making

request that though the first wife is entitled to receive family

pension, but she relinquish her right with free Will for

payment of family pension to second wife Poonam Devi

(Petitioner). In spite of filing of aforesaid application

supported with affidavit by Chintamani Devi (Respondent

No.3) the Board is sitting tight over the matter and no

commu