REHANA KHATOON Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner; State; Accountant General and respondent no. 12.

(2.) The petitioner had originally moved the Court for the following reliefs:

(3.) By various orders, as the respondent no. 12 had taken the entire death-cum-retiral benefits of his son, whom the petitioner claims to be her husband, on the ground that the petitioner was the wife of the deceased and even her two sons were fathered by the deceased employee, the Court had got D.N.A. test conducted of the two sons of the petitioner and the respondent no. 12. The result of the test is that there is complete match in the D.N.A. sequence of all the three persons, meaning thereby that the two sons of the petitioner were from the lineage of the respondent no. 12. Under such circumstances, the Court, in its earlier order, had held that since there is nothing to the contrary to prove that the petitioner was married to the deceased employee and her two sons having been found to have been fathered by the deceased employee, the law would come in support of legitimacy, rather than illegitimacy and on such established principle of law, the Court had declared the petitioner to be the legally wedded wife of the deceased and obviously the concerned two sons to be the legitimate children of the deceased and the petitioner. Further, under various orders, once the Court had upheld the claim of the petitioner to be the wife of the deceased employee, namely Jamal Ahmed, in law, she being the first claimant to family pension, the authorities have now paid the family pension with up-to-date arrears.