NIHAR BALA BOSE AND ANOTHER Vs. DIVISIONAL RAILWAY MANAGER
LAWS(JHAR)-2018-4-163
HIGH COURT OF JHARKHAND
Decided on April 19,2018

Nihar Bala Bose And Another Appellant
VERSUS
DIVISIONAL RAILWAY MANAGER Respondents

JUDGEMENT

Anil Kumar Choudhary, J. - (1.) Heard the parties.
(2.) This Second Appeal has been preferred by the plaintiffs, who were the appellants in the lower appellate court against the judgment and decree passed by learned Additional District Judge (FTC-V), Dhanbad dated 26.02.2011 in Title Appeal No. 36 of 2010 whereby and whereunder, learned lower Appellate Court has allowed the appeal in part and held that the plaintiff is entitled to a decree of Rs. 25,000/- only as solatium and 1/3rd salary of defendant No. 2 from salary of February, 2011, which is payable in the month of March, 2011 till her life time and directed the defendant No. 1 to deduct the 1/3rd of salary the defendant No. 2- Smt. Kalyani Das and give it to the plaintiff No. 1 Smt. Nihar Bala Bose till her lifetime.
(3.) Learned Additional Standing counsel for the respondent No. 1 Railways Mr. Vijay Kumar Sinha, submits that though the respondent No. 1 has been described as the Divisional Railway Manager, Eastern Railway, P.O., P.S. and Dist-Dhanbad, but since 01.04.2003, consequent upon the bifurcation by the modification and creation of zones of the Indian Railways, Divisional Railway Manager, Eastern Railway has been re-designated as Divisional Railway Manager, East Central Railway, P.O., P.S. and Dist. Dhanbad. Hence, it is submitted that the registry be directed to make necessary correction in the cause title of the appeal memo.;


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