Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17817 of 2008 ====================================================== Chitra Sen Thakur son of late Bindi Thakur @ Bindeshwar Thakur, resident of village- Lalmaniya, P.S. Laukaha (Lalmaniya), District- Madhubani. Versus .... .... Petitioner/s 1.The State Of Bihar . 2.The Principal Secretary, Department of Water Resources, Government of Bihar, Patna. 3. The Chief Engineer, Water Resources Department, Darbhanga. 4.The Superintending Engineer, Western Kosi Canal Circle, Jai Nagar, P.S. Jainagar, District- Madhubani. 5.The Executive Engineer, Munahara Barrage Division, Jai Nagar, P.S. Jai Nagar, District- Madhubani. 6. The District Provident Fund Officer, Madhubani. 7.The District Treasury Officer, Madhubani. 8. The Accountant General (A & E), Birchand Patel Path, Bihar, Patna. 9. Pramila Devi widow of late Bindi Thakur @ Bindeshwar Thakur 10.Mishri Lal Thakur son of late Bindi Thakur @ Bindeshwar Thakur 11.Bijay Thakur son of late Bindi Thakur @ Bindeshwar Thakur. .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.23188 of 2011 ====================================================== 1. Most.Pramila Devi Widow Of Late Bindi Thakur @ Bideshwar Thakur Resident Of Village - Lalmaniya, P.O. Lalmaniya, P.S. - Laukaha, District - Madhubani Versus .... .... Petitioner/s 1. The District Treasury Officer, Madhubani 2. The State Of Bihar Through Its Principal Secretary, Department Of Water Resources, Government Of Bihar, Patna 3. The Chief Engineer, Water Resources Department, Darbhanga 4. The Superintending Engineer, Western Kosi Canal Circle, Jai Nagar, Madhubani 5. The Executive Engineer, Munahara, Barrage Division, Jai Nagar, Madhubani 6. The District Provident Fund Officer, Madhubani 7. The Accountant General (A & E), Birchand Patel Patna, Bihar, Patna 8. Chitrasen Thakur Son Of Late Bindi Thakur Resident Of Village - Lalmaniya, P.S. - Laukaha, District - Madhubani
Legal Reasoning
.... .... Respondent/s ====================================================== Appearance : (In CWJC No.17817 of 2008) For the Petitioner/s : Mr. Dr.Mrityunjay Kr.Gautam Mr. Yogendra Kumar For respondent no.9 Patna High Court CWJC No.17817 of 2008 (4) dt.08-02-2013 2 For the Respondent/s : Mr. (Gp6) Mr. J.P.Karn Mr. Kashi Nath Chaubey Mr. Ram Bilash Roy 'Raman' (In CWJC No.23188 of 2011) For the Petitioner/s : Mr. Mohammed Abu Haidar For the Respondent/s : Mr. Prahlad Kr. Bhagat Gp13 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL ORDER 4 08-03-2013 These two writ petitions, with the consent of the parties,
Decision
are being disposed of at this stage itself as they relate to the estate of late Bindi Thakur @ Bindeshwar Thakur. In C.W.J.C.No. 17817 of 2008, the petitioner is Chitrasen Thakur, the son of the said late Bindi Thakur @ Bindeshwar Thakur. From the first marraige of Bindi Thakur @ Bindeshwar Thakur. Respondent nos. 9 and10 are the step sons of the petitioner being Pramila Devi( in C.W.J.C.No. 23188 of 2011), the second wife of late Bindi Thakur @ Bindeshwar Thakur and the two sons from the said second marriage, namely, Mishri Lal Thakur and Bijay Thakur. In the second writ petition i.e. C.W.J.C.No. 23188 of 2011, the petitioner is the second wife of late Bindi Thakur @ Bindeshwar Thakur and respondent no.8 is Chitrasen Thakur, the step son from the first marriage of late Bindi Thakur @ Bindeshwar Thakur, who is the petitioner of the earlier writ petition. Patna High Court CWJC No.17817 of 2008 (4) dt.08-02-2013 3 Bindi Thakur @ Bindeshwar Thakur died in harness while working as a Choukidar on 11.5.2008.The relationships are not in dispute as amongst the parties. It is not in dispute that as amongst the private parties before this Court that Bindi Thakur @ Bindeshwar Thakur first married one Amla Devi and from that wedlock is the son Chitrasen Thakur. After the birth of Chitrasen, Amla Devi died. Even before Bindi Thakur @ Bindeshwar Thakur got permanent employment. Having got permanent employment, Bindi Thakur @ Bindeshwar Thakur then a widower married the petitioner Pramila Devi and from whom in this second wedlock there are two sons,namely, Mishri Lal Thakur and Bijay Thakur. Thus, at the time of death of Bindi Thakur @ Bindeshwar Thakur he has survived by the son of first marriage and the second wife, which marriage has taken place after the death of his first wife and the second sons, apart from one daughter from the second marriage, who had already been married and well settled in her Sasural. Thus, in my view, as amongst the four i.e. Pramila Devi, Chitrasen Thakur, Mishri Lal Thakur and Bijay Thakur, each would be entitled to equal share in all death cum retiral dues as also any service period due. If any amount has already been paid to any person after the death of Bindi Thakur, while paying the balance, adjustment would have to be made by the authorities. Patna High Court CWJC No.17817 of 2008 (4) dt.08-02-2013 4 To make it clear each one of them is entitled to 1/4th of the estate. I may also clarify that the petitioner Pramila Devi is mentioned as a nominee in the P.P.O. By virtue of this she is entitled to full pension. On basis of this nominee as amounts have been paid to her, each would now be required to be adjusted when balance payments are made but so far as family pension is concerned, she would be entitled to receive full pension till her death. As per counter affidavit some part of G.P.F. has already been paid to Pramila Devi. Gratuity, leave encashment, Group Insurance and some salary arrear are still to be paid. I, therefore, direct the Superintending Engineer, Western Kosi, Canal Circle, Jai Nagar, District- Madhubani, where late Bindi Thaklur @ Bindeshwar Thakur last worked to finally calculate on all heads, as noted above and then to add it what has already been paid to Pramila Devi and divided by four first. Payment would be made to Chitrasen Thakur and balance given proportionately to the others. This must be ensured to be done by the respondent- Superintending Engineer within a period of one month from the date of production of a copy of this order before him and it would be his responsibility to ensure its timely payment. As noted above, the family pension in full would be Patna High Court CWJC No.17817 of 2008 (4) dt.08-02-2013 5 continued to be paid to Pramila Devi, as noted above. In case there is any delay in the matter the Superintending Engineer, would be liable to be proceeded for contempt. With the aforesaid observations and directions, the writ positions stand disposed of. singh/- (Navaniti Prasad Singh, J)