Patna High Court
Malti DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The petitioner, as the first legal wife of the deceased employee, is entitled to an equal share of the family pension and other retiral benefits.
Summary
The petitioner, Malti Devi, filed a writ seeking inclusion of her name in the pension payment order of her deceased husband, Om Prakash Chaudhary, a former peon in the Animal Husbandry Department. The State asserted that she is the first wife, while Girja Devi is the second wife, both claiming pension benefits. The State did not dispute the petitioner’s entitlement based on a prior maintenance order issued by the Family Court. The Court held that, given the State’s affidavit confirming her status as the first wife, the petitioner is entitled to family pension. Consequently, the Court directed that the pension and other retiral benefits be equally divided between the petitioner and the second wife, with appropriate orders to be issued within two weeks. The writ application was thereafter disposed.
Issues considered
- Whether the petitioner, as the first legal wife of the deceased employee, is entitled to family pension despite her omission from the pension payment order.
- Whether the pension benefits should be shared equally between the first and second wives of the deceased employee.
- Whether the prior maintenance order confirms the petitioner’s status as the first wife for pension entitlement.
Subjects
- family pension
- legal wife
- first wife
- second wife
- pension entitlement
- maintenance order
- writ jurisdiction
- retiral benefits
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20415 of 2019
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Malti Devi W/o Om Prakash Chaudhary Resident of Village- Chatradhary
Hospital Chowk, P.S. Chapra Town, District- Saran at Chapra.
... ... Petitioner/s
Versus
1. The State of Bihar through the Director, Animal Husbandry Department,
Patna.
2. The District Magistrate, Siwan.
3. Regional Director, Animal Husbandry Department, Chapra.
4. The District Animal Husbandry Officer, Siwan.
5. Om Prakash Chaudhary S/o Suman Chaudhary Resident of Mohalla- Gay
Ghat, Gaurishankar Colony, P.S. Alamganj, District- Patna.
6. Girja Devi W/o Om Prakash Chaudhary Resident of Mohalla- Gay Ghat,
Gaurishankar Colony, District- Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Rajani Kumari
For the Respondent/s : Mr. Md. Khurshid Alam (Aag12)
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
24 06-02-2026 Heard learned counsel for the petitioner and
learned counsel for the respondents.
2. The instant writ application has been filed seeking a
direction to the respondents to add the name of the petitioner in
the Pension Payment Order (PPO). It is the case of the petitioner
that she is the legally wedded wife of respondent no. 5, who was
an employee of the Animal Husbandry Department, Siwan,
holding the post of Peon and who retired from service on
30.11.2009. It is submitted that respondent no. 5 deliberately
omitted the name of the petitioner from the PPO and instead
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added the name of one Girja Devi, who had started living with
the respondent no. 5 illegally, while the petitioner being the
legally wedded wife, and her name was not added in the PPO,
which is illegal and contrary to law.
3. Pursuant to the order passed by this Court, a
supplementary counter affidavit has been filed on behalf of the
respondent-State, duly sworn by the Joint Director,
Headquarters, Animal Husbandry Department. In paragraphs 6
and 8 thereof, the State has made a categorical submission that
the petitioner is the first wife of the deceased employee,
whereas respondent no. 6, namely, Girja Devi, is the second
wife, who had also retired from service from the Health
Department on 31.12.2014 and is receiving pension by claiming
herself to be the wife of the deceased employee, namely, Om
Prakash Chaudhary. The relevant statements made by the State
authorities are extracted hereinbelow:—
6. That in this regard, it is stated and submitted
that the present petitioner is the 1 st wife of the
deceased employee, namely, Shri Om Prakash
Choudhary and it is a matter of record that before
the competent Court at Siwan she had filed a
Maintenance Case No.36 of 2000 and on 28th of
June, 2000 orders were passed for payment of
maintenance to her and she was paid also in
compliance therewith.
8. That, in fact, the private respondent 2nd wife i.e.
Smt. Girija Devi was also a Government Servant
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and she had superannuated from the services of the
Health Department on 31.12.2014 and in her
pension paper, name of Shri Om Prakash
Choudhary was recorded as her husband.
4. On the other hand, learned counsel for the State
submits that there is no dispute with regard to the entitlement of
the petitioner, insofar as her claim is based on her status as the
first wife of the deceased employee, and also does not dispute
the order passed in the maintenance case no.36 of 2000 by the
learned Family Court, Saran at Chapra.
5. Respondent no. 6 is represented by learned counsel,
Mr. Amresh Kumar Singh, who submits that despite best efforts,
he has been unable to contact the concerned respondent to
obtain instructions pursuant to the order passed by this Court,
and therefore prays that the matter may be adjudicated on the
basis of the materials available on record.
6. Be that as it may, since the authorities have already
adjudicated the issue and have filed an affidavit categorically
holding the petitioner to be the first wife of the deceased
employee, this Court is of the considered view that the
petitioner is entitled to family pension in accordance with law.
Accordingly, in the facts and circumstances of the case, the
family pension and other retiral benefits admissible to the legal
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heirs of the deceased employee shall be equally divided between
the petitioner and respondent no. 6, and as such, the respondents
are directed to pass appropriate orders in this regard within a
period of two weeks from the date of receipt or production of a
copy of this order.
7. With the aforesaid observations and directions, the
instant writ application stands disposed of.
(Ajit Kumar, J)
shikha/-
U
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