Created by Fuzzy Cloud

Patna High Court

Vina DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The order dated 31‑08‑2024 passed by the District Service Grievance Redressal Officer is set aside as being beyond its jurisdiction.

Summary

Vina Devi, the second wife of a deceased government employee, filed a writ petition seeking the quash of an order dated 31‑08‑2024 issued by the District Service Grievance Redressal Officer that rejected her claim to family pension. She argued that she was named as nominee in the pension records and that the officer lacked jurisdiction, citing the Supreme Court’s decision in Radha Devi v. Chief General Manager (2024). The State conceded the factual background but maintained that the grievance officer was not the competent authority. The Patna High Court held that the order was arbitrary and illegal, set it aside, and directed the petitioner to make a fresh representation before the District Education Officer within four weeks, with the pension claim to be decided within eight weeks. The writ petition was consequently disposed.

Issues considered

  • Whether the District Service Grievance Redressal Officer had jurisdiction to reject the family pension claim of the petitioner.
  • Whether the petitioner, as the second wife and nominated nominee, is entitled to family pension under the applicable service rules.
  • Whether the order dated 31‑08‑2024 is violative of the Supreme Court’s ruling in Radha Devi v. Chief General Manager.

Subjects

  • family pension
  • second wife
  • jurisdiction
  • grievance redressal
  • service law
  • pension entitlement
  • Supreme Court precedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                            Civil Writ Jurisdiction Case No.483 of 2025
                 ======================================================

                 Vina Devi Wife of Late Raghunath Rai, Resident of Village- Diwantok, P.O.-
                 Ratnakar, P.S.- Ganga Bridge, District- Vaishali.
                                                                          ... ... Petitioner/s

                                                        Versus

           1.    The State of Bihar through the Principal Secretary, Education Department,
                 Government of Bihar, Patna.
           2.    The District Magistrate, District- Vaishali at Hajipur.
           3.    The District Education Officer, District- Vaishali at Hajipur.
           4.    The District Programme Officer (Establishment), District- Vaishali at
                 Hajipur.
           5.    The District Service Grievance Redressal Officer, District- Vaishali at
                 Hajipur.
           6.    The Treasury Officer, District- Vaishali at Hajipur.
           7.    The Accountant General (A and E), Bihar, Patna.
                                                                                 ... ... Respondent/s

                 ======================================================
                 Appearance :
                 For the Petitioner/s       :      Mr. Anjani Kumar Jha, Adv.
                                                   Mr. V. S. Rajendra, Adv.
                 For the State              :      Mr. Suman Kumar Jha, AC to AAG3
                 For the AG                 :      Ms. Nivedita Nirvikar, Sr. Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

3   18-04-2026                    The writ petition has been filed for the following

                   relief;

                                                   “a) To quash order dated 31.08.2024
                                        passed in Complaint No. 7170120062411307 by
                                        the Respondent No. 5 whereby and whereunder
                                        the claim of the family pension of the Petitioner
                                        has been rejected in a most arbitrary and illegal
                                        manner.
                                                   b)   For      a   direction     upon     the
Patna High Court CWJC No.483 of 2025(3) dt.18-04-2026
                                            2/4




                          Respondent Authorities to sanction and make
                          payment of family pension along with arrears to
                          the of family pension, Petitioner, forthwith
                          without any further delay.
                                        c) To pass any other order/orders in
                          shape of a consequential relief to which the
                          Petitioner may be found to be legally entitled to
                          in the facts and circumstances of the instant case
                          at hand.”
                        2. It is the case of the petitioner that she is the second

          wife of the deceased employee. The first wife had deserted the

          petitioner’s husband, and thereafter, a second marriage was

          contracted. It is further submitted that in the pension papers and

          service records, the petitioner’s name appears as a nominee and

          has also been shown as the wife of the deceased employee.

                        3. Counsel for the petitioner further submits that the

          application with regard to grant of pension was made before the

          respondent no.4 seeking disbursal of family pension at the

          earliest. However, the respondent authorities failed to take any

          steps to redress the grievance of the petitioner and sat tight over

          the matter.

                        4. Thereafter, the petitioner filed a complaint under

          the Bihar Government Servant Grievances Redressal Rules,

          2019, bearing Complaint No. 7170120062411307, and, by

          referring to Annexure P/7 dated 31.08.2024, submits that
Patna High Court CWJC No.483 of 2025(3) dt.18-04-2026
                                            3/4




          Respondent No. 5 has passed an order, although he is not the

          competent authority to address the issue, whereby the

          petitioner’s claim has been rejected, contrary to the issues

          having been settled by the Hon’ble Apex Court in the case of

          Radha Devi Vs. Chief General Manager & Ors. passed on 26th

          July, 2024 in SLP (C) No. 2365 of 2022.

                        5. On the other hand, counsel for the State does not

          dispute the factual position so far the jurisdiction of the

          authority, who is said to have passed the order contained in

          Annexure P/7. However, it has been submitted that appropriate

          directions may be issued to the District Education Officer to

          take final decision in respect of the claim of the petitioner by

          framing a time line.

                        6. Considering the aforesaid, this Court finds it

          appropriate to set aside the order dated 31.08.2024, which is

          said to have been passed by the District Service Grievance

          Redressal Officer. However the petitioner is directed to file a

          fresh representation before the District Education Officer,

          Vaishali at Hajipur with all supportive materials and, as also, the

          judgments, which he proposes to rely within a period of four

          weeks from today.

                        It is expected that, after verification, the petitioner’s
          Patna High Court CWJC No.483 of 2025(3) dt.18-04-2026
                                                      4/4




                    claim with reference to the nomination made in the pension

                    papers, as well as her status as the wife of the deceased

                    employee, shall be adjudicated within a period of eight weeks

                    from the date of filing of the representation. Needless to say, if

                    the first wife is surviving or any surviving interest is required to

                    be adjusted, necessary orders shall be passed with regard to the

                    petitioner’s entitlement for the grant of appropriate pensionary

                    benefits to which the petitioner is entitled.

                                9. With the aforementioned observation and direction,

                    the writ petition is disposed of.



                                                                      (Ajit Kumar, J)
rishi/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.