Kamini Devi vs State Of Bihar And Ors

Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.

The petitioner has filed the instant writ petition for the following reliefs:-

"(I) For issuance of a writ in the nature of mandamus or any other appropriate writ(s), order (s), direction(s) to the respondents to make payment of family pension and other death cum retirement benefits including gratuity, unutilised leave, general provident fund amount, group life insurance etc. of deceased employee (husband of the petitioner) to the petitioner with all consequential and monetary benefits including the interest upon the dues amount.

And for any other appropriate writ(s), order(s) direction (s) for which the petitioner is entitled for in the facts and circumstances of this case."

Learned counsel appearing on behalf of the petitioner submits that after death of first wife Late Kailash Mandal joined wedlock with the petitioner in the year 2004. Learned counsel further submits that the husband of the petitioner died in harness on 25.01.2019 Learned counsel further submits in support of the claim of the petitioner, numerous documents were enclosed which show that the petitioner is a legally wedded wife of the deceased employee.

Considering the fact that second marriage was performed with the petitioner after death of the first wife of the deceased employee and there is no impediment in solemnizing second marriage, the writ petition is disposed of with a direction to the respondents to examine the claim of the petitioner for payment of death cum retiral dues after hearing respondent nos. 7 to 11, who claim to be the wards of the deceased employee.

Necessary decision shall be taken by the District Animal Husbandry Officer, Kishanganj (respondenet no. 4) after hearing the petitioner and respondent nos. 7 to 11 at the earliest within a maximum period of four months from the date of receipt/production of a copy of this order. Respondent no. 4 shall ensure payment of death-cum-retiral benefits in accordance with the Bihar Pension Rules within the period as indicated above, failing which the petitioner shall be entitled to interest at the rate of 9% per annum from the date of filing of the writ petition i.e. 30.06.2020 till the date of actual payment.

With the aforesaid observation and direction, the present writ petition stands disposed of.