Patna High Court
Shail KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The court set aside the authorities' rejection and directed the Cane Commissioner to reconsider the petitioner’s family pension claim in light of the final divorce decree.
Summary
The petitioner, Shail Kumari, a divorced daughter of a deceased government employee, filed a writ petition seeking family pension under a 2018 Finance Department resolution that provides pension to unmarried, divorced or widowed daughters of government employees up to age 25. She alleged that the authorities rejected her claim without considering the decree of divorce granted by the Family Court in Divorce Case No.20 of 2022. The State contended that the petitioner’s marital status was inconsistent, claiming she was unmarried in some documents, and therefore her claim was not genuine. The High Court held that the divorce decree is final and conclusive, and the objections raised by the State are untenable. Consequently, the Court set aside the rejection order and directed the Cane Commissioner to re‑examine the petitioner's claim, verify the divorce decree, and decide within eight weeks. The writ petition was thereafter disposed of, leaving the matter for the concerned authority to determine the pension entitlement.
Issues considered
- Whether a divorced daughter of a deceased government employee is eligible for family pension under the Finance Department resolution dated 25 October 2018.
- Whether the rejection of the petitioner’s claim by the authorities is legally valid in view of the final divorce decree.
- Whether inconsistencies in the petitioner’s stated marital status affect her entitlement to family pension.
Subjects
- family pension
- divorce
- government employee
- dependents
- writ petition
- eligibility
- Finance Department resolution
- Cane Commissioner
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3212 of 2024
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Shail Kumari D/o late Chanda Raut Resident of Village-Laxmipur Bari Tola,
P.O.-Dhamura P.S.-Sathi, District-West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through Cane Commission, Cane Development
Department, Govt. of Bihar, Patna.
2. The Director, Cane Development Department, Govt. of Bihar, Patna.
3. The Principal Secretary, Finande Department, Govt. of Bihar, Patna.
4. The Assistant Director, Cane Development Department, West Champara,
Bettiah.
5. The Collector, West Champaran, Bettiah.
6. The Accountant General , Bihar.
7. The Senior Account Officer Accountant General Office Bihar Patna.
8. Joint Cane Commissioner Industry Department, Govt. of Bihar Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr .Rakesh Kumar Shrivastava, Advocate
For the Respondent/s : Mr. Government Pleader (24)
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
7 18-04-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The writ petition has been filed for the following
reliefs :-
i. For granting family pension to the writ
petitions in pursuant resolution finance 2769/2018-
918 dated 25 October 2018 issue by finance
department, govt. of Bihar, Patna (Contained as
Annexure-3 to this writ petition)
ii. For granting family pension to the writ
petitioner, w.e.f. date of death of his mother
23.12.2009.
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iii. For grant of any other relief or reliefs in
which the petitions is enlisted on the facts as well
as law both.
3. Learned counsel for the petitioner submits that the
petitioner was married at the age of nine years, and her marriage
was solemnized with one Jitendra Kumar on 17.04.2000.
Thereafter, she began residing with her husband from
01.03.2009. However, due to discord at her matrimonial home,
the petitioner was compelled to seek dissolution of marriage by
way of mutual consent. Accordingly, Divorce Case No.20 of
2022 was instituted before the Principal Judge, Family Court,
West Champaran, Bettiah, and vide judgment and order dated
07.12.2022, a decree of divorce was granted, thereby dissolving
the marriage between the petitioner, namely, Shail Kumari and
her husband, namely, Jitendra Kumar.
4. It has next been submitted that, after dissolution of
the marriage, in terms of the relevant resolution/circular issued
by the Finance Department, Government of Bihar, bearing
Resolution No.27 PKO-69/20180918 dated 25 October 2018,
whereby provision has been made for grant of family pension to
dependents daughters of government employees, who have been
classified into three categories, namely, unmarried / divorced /
widowed, and such family pension is admissible even upon
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attaining the age of 25 years. It is the case of the petitioner that
even prior to the dissolution of her marriage, she had no
independent source of income or financial support and was
wholly dependent upon her parents. Her mother died on
23.12.2009, and her father died on 06.12.1997 while in service,
who was the sole breadwinner. Thereafter, finding no means of
livelihood, the petitioner has been constrained to seek grant of
family pension by filing an application / representation in
reference to the Government Resolution bearing Resolution No.
27 PKO-69/20180918 dated 25 October 2018.
5. It has further been submitted that, without taking
into consideration the judgment and decree of dissolution of
marriage passed by the learned Principal Judge, Family Court,
West Champaran, Bettiah, the authorities have arbitrarily
rejected the claim of the petitioner vide Memo No.377 dated
08.02.2024, which is conflict with the applicable government
circular and the provisions governing grant of family pension.
6. On the other hand, learned counsel for the State has
raised serious objections to the petitioner’s claim by referring to
various documents appended to the writ petition, contending
that at some point of time the petitioner is claiming to be a
divorcee while at some places, she has claimed to be unmarried
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and in such background, learned counsel for the State submits
that the claim of the petitioner is not genuine.
7. This Court, upon consideration of the materials
available on record, finds that the objections raised on behalf of
the State is not sustainable in the view of the decree of divorce
recorded by the competent court, being the learned Principal
Judge, Family Court, West Champaran, Bettiah and once such
issues have been duly considered and adjudicated by a Court of
competent civil jurisdiction which has attained finality, and the
grounds raised by the learned counsel for the State, is fit to be
brushed aside.
8. In the aforesaid background, this Court finds that
the order passed by the authorities rejecting the claim of the
petitioner is not sustainable in the eyes of law and is,
accordingly, set aside. However, this Court deems it appropriate
to direct that the issue relating to the petitioner’s claim for grant
of family pension be reconsidered by the concerned authority,
namely, the Office of the Cane Commissioner, who is directed to
take a final decision in light of the judgment and decree passed
in Divorce Case No. 20 of 2022 by the learned Principal Judge,
Family Court, West Champaran.
9. The Cane Commissioner shall, however, be at
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liberty to verify the decree of divorce from the court concerned,
and upon finding the same to be true, shall be obliged to take
steps in accordance with law within a period of eight weeks
from the date of receipt/representation.
10. Accordingly, the writ petition stands disposed of.
It shall, however, remain open to the authority to examine the
documents in reference to the petitioner’s claim before passing
any order and if the documents are found to be correct, then
appropriate decision shall be recorded after verifying her bona
fide within the time so allowed.
(Ajit Kumar, J)
sharun/-
U
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