CAREFULL KANDEYANG Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS writ application has been filed for a direction to the respondent to pay death -cum retiral benefit to the petitioner, being widow of late Bijay Kumar Kandeyang, who died in harness on 12.2.2004 and also for a direction to the respondent to consider the case of the petitioner for her appointment on compassionate ground.

(2.) LEANED Counsel appearing for the petitioner submits that late Bijay Kumar Kandeyang while was working as Head Clerk in the office of Circle Officer, Kumardungi died on 12.2.2004. Thereupon, the petitioner, being first wife, filed an application before the Circle Officer (respondent No. 3) for payment of death -cum -retiral benefit to her and also asked for her appointment on compassionate ground. Upon which, certain amount in part due to be paid on account of gratuity, leave encashment, group Insurance and even arrears of pension was paid. But rest of the amount due to be paid on account of arrears of provisional pension, group insurance and the provident fund was not paid on account of the fact that one Malin Kandeyang, second wife of the deceased put objection on the matter of payment of the rest of retrial dues to this petitioner and on that objection the respondent withheld the payment which is quite illegal as second wife is not entitled to have pensionary benefit on account of death of the husband as the Government servant in terms of notification issued by the Department of Personnel and Administrative Reforms, Government of Bihar issued on 23.6.2005 (Annexure 2 of the rejoinder to the counter affidavit) is not supposed to have second marriage without permission of the departmental head and as such petitioner being first wife is entitled to get death -cum -retiral benefit on account of death of her husband.

(3.) STAND of respondent No. 5 as has been disclosed in the counter affidavit is that husband of respondent No. 5 was member of Scheduled Tribe and as per customary law, second marriage is permissible and as such, status of the second wife is equal to the status of the first wife and hence, respondent No. 5 is entitled to have half share over the entire death -cum -retiral dues of her husband and that the petitioner has already received more than half of the share in the death -cum -retiral benefit and the remaining amount is to be paid to the respondent No. 5 and her children shown in the succession certificate granted by Additional Deputy Collector (Annexure 5A).