- (1.) THIS petition has been filed under Article 227 of the Constitution of India under the supervisional jurisdiction of this Court.
(2.) IN substance, the petitioner filed a suit before learned Munsif, 2nd, Dhanbad in Title Suit No. 49 of 2005, in which he has prayed that the plaintiff be declared legally married wife of late Dasai Ram and also railway authority may be directed to provide employment, pension and other service benefits to the petitioner Kunti Devi and nor to any other person and "further prayed to stop pension and employment to any person except Kunti Devi". In the said suit, an application under Order XXXIX Rule 1 C.P.C. was moved by the plaintiff petitioner restrain ing the defendant to provide employment on compassionate ground and other service benefits to any other person namely defendant nos. 4 and 5. By said Title Suit the plaintiff petitioner has stated that her husband was employed in the Railway Department and he died in harness. After his death, the petitioner claimed for the post retiral and other benefits. Pursuant to the death of late Dasai Ram, the petitioner has alleged that she is legally married wife of late Dasai Ram and she has four children out of the said wedlock. When she went to the office of the respondent, she came to know that one Smt. Pushpa Devi has also applied for the pension of late Dasai Ram and also claiming herself to be the wife of late Dasai Ram. So the petitioner plaintiff filed a suit for the redressal of the above grievances.
(3.) THE defendant nos. 1, 2 and 3 had filed the written statement asserting that late Dasai Ram has nominated Smt. Pushpa Devi as beneficiaries of the pension in the records of the defendants. The Union of India also denied that the petitioner -plaintiff is the second wife of the late Dasai Ram. The rest of the defendant nos. 4 and 5 i. e. son of the first wife and Smt. Pushpa Devi, who is the first wife, denied the factum of marriage with the plaintiff petitioner and they stated that Smt. Pushpa Devi is only married wife of the deceased and they are entitled to get the benefit of the pension and other benefits of the deceased.;