SHANTA SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner, who is widow of Late Jag- dambika Pd. Sinha, who superannuated from the post of S.D.O. Welfare, Danapur, in the month of January, 1979, has prayed for issuance of a writ of mandamus commanding the respondents to pay General Provident Fund amount and full amount of family pension to her for his deceased husband and to allow all other relief or reliefs, to which she is found entitled.

(2.) In short, the relevant facts are that the deceased government servant superannuated from the aforesaid post in January, 1979, whereafter he was getting the pension but G.P.F. amount could not be paid and in the meantime, he died on 25-2-1983. The deceased government servant had two wives and, as such, after his death the family pen- sion amount on his account was divided into half and half between first wife Smt. Kalawati Devi and the petitioner, who is his second wife. The first wife died on 19-10-1992 and thereafter the petitioner requested the Treasury Officer, Patna to pay her full pension-in- view of the fact that now only the petitioner is entitled to get the pension of the deceased government servant. The petitioner also made a representation on 11-8-93 with regard to the above along with an affidavit about the death of the first wife Smt. Kalawati (Devi. When no action was taken and the petitioner was continued to be given only half of the pension amount under Pension account No. P-194 she filed the present writ application. Late Kalawati Devi was drawing her pension through savings bank account No. R.C. 10081 of Rajendranagar branch of the State Bank of India.

(3.) The petitioner claims that full G.P.F. amount of the deceased husband is still due and as such after the death of Smt. Kalawati Devi she is entitled for the same. It is pleaded that as per the Hindu Law, on the death of first and there is no provision contrary to it under the Bihar Pension Rules, but despite the undisputed facts and the legal position, the respondents are sitting tight over the matter with the result that the petitioner is subjected to financial crisis.