Indu Devi, W/o Late Suresh Mohan Thakur vs The State of Bihar

Heard learned counsel for the petitioner; State and

Accountant General.

The petitioner has moved the Court seeking a

direction for payment of family pension to her.

The petitioner herself claims to be the second wife of

Suresh Mohan Thakur, who was a Government employee and

superannuated in the year 1992 and also received his post retiral

benefits. During his life time, the first wife died on 02.03.2012 and

thus, the husband filed a petition before the authorities for

substituting the name of his first wife with that of the petitioner.

However, the authorities did not act on the same and in the

meanwhile, on 11.08.2015, the employee also died.

Learned counsel for the petitioner submitted that she

is the second wife and now when the first wife is dead, family

pension should be given to her.

Learned counsel for the State submitted that in terms

of the circular of the Finance Department of the State Government

bearing No. P.C.-1-Misc.-41/92/10059/Vi., dated 06.09.1996, it is

only the first wife who is entitled to family pension and thereafter the

dependant minor children of both the wives can have a right on

family pension but the second wife has been excluded from getting

family pension.

Having considered the matter, the Court is unable to

intervene for the reason that the policy of the Sate Government does

not permit payment of family pension to the second wife. In the

present case, admittedly, the petitioner herself claims to be the

second wife and just because the first wife has died, her status will

not change and she will not become the first wife, though she may be

the only wife/widow now living.

In view of the aforesaid provision, no relief can be

granted to the petitioner and accordingly, the writ petition stands

dismissed.