Patna High Court
Case Details
daughter of late Balkrishnan Raghunathan IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1506 of 2011 ====================================================== @ 1. Glory R’nath B.Raghunathan permanent address c/o Mr. Chandran Edayilazhykom, Village - Komalam, Anchal Panchayath, P.S. - Anchal, District - Kollam State - Kerala, at present residing at Nurses Hostel, Kurji Holy Family Hospital,Kurzi, P.S. - Patliputra, District - Patna 2. Golden R'Nath minor son of Balakrishnan Raghunathan @ B. Raghunathan resident under care of his uncle Chandran Edayilazhykom at Village Komalam, Anchal Panchayath, P.S. - Anchal, District - Kollam State Kerala, thruough his elder Sister and natural guradian Miss Glory R'Nath resident of Nurses Hostel, Kurji Holy Family Hospital, Kurji P.S. - Patliputra, District. - Patna .... .... Petitioner/s Versus 1. The State Of Bihar through Secretary, Department Of Building Construction, Government of Bihar, Patna. 2. The Superintending Engineer, Building Construction Department, Government of Bihar, Patna 3. The Accountant General, Bihar, Patna 4. Smt. Shailja R. Nath, wife of late B. Raghunathan 5. Mrs. Rakhee Reju d/o late B. 6.Mr.Rajesh R. Nath, S/O Late B. 7. Mr.Rakesh R. Nath, s/o late B. All respondents 4 to 7 residents of jaya Bhawan Agasthya Kodu,Circle, P.O. & District- Kollam, State of Kerala. .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.10342 of 2010 ====================================================== 1. Smt. Shylaja R.Nath w/o late B.Raghunath resident of Agasthya Codu, Circle, P.O. & District.- Kollam, State Of Kerala .... .... Petitioner/s Versus 1. The State Of Bihar through Secretary, Department Of Building Construction, Govt. Of Bihar, Patna 2. Superintending Engineer, Building Construction Department, Building Circle, Saharsa 3. The Secretary, Department Of Building Construction, Govt. Of Bihar, Patna.
Legal Reasoning
.... .... Respondent/s ====================================================== Appearance : (In CWJC No.1506 of 2011) For the Petitioner/s : Mr. K.M.Joseph For the State : Mr. Sanjay Kumar Singh,A.C. to G.P.22 For the Accountant General : Mr. Madhuresh Prasad Patna High Court CWJC No.1506 of 2011 (4) dt.26-02-2013 2 (In CWJC No.10342 of 2010) For the Petitioner/s : Mrs. Manjua Jha For the State : Mr. Shambhu Nath, A.C. to A.A.G-3 For the Private respondent : Mr. K.M. Joseph For the Accountant General : Mr.Madhuresh Prasad. ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL ORDER 4 26-02-2013 These two writ petitions have been heard together for final disposal at the stage of admission itself with the consent of the parties. The whole dispute arises in respect of estate of late Balakrishnan Raghunath belonged to Kollam district in the State of Kerala but was working in Bihar under P.W.D. as a Junior Engineer at Saharsa. He had a family in Kerala. His wife being the first wife is Shylaja R.Nath, who is the writ petitioner in C.W.J.C.No. 10342 of 2010 . She has three children out of that first wedlock . All of whom are majors. While the first marriage subsisted he contracted a second marriage in Bihar to one Sandhya Sharma @ Sandhya R.Nath, who was working in Bihar in Munger in government service as a peon. From this second wedlock they had two children, namely, Glory R.Nath and Golden R.Nath, who are petitioners in C.W.J.C.No. 1506 of 2011.They were earlier under the guardianship of one Chandran Edayalazhykom, who happens to be the husband of late Balakrishnan Raghunathan’s sister. By now Glory R.Nath and Golden R.Nath have became Patna High Court CWJC No.1506 of 2011 (4) dt.26-02-2013 3 major but both are still below 25 years of age. Thus seen, out of two wedlocks, the first wife still survives. The second wife had pre-deceased Balakrishnan Raghunathan, the husband. Balakrishnan then died in harness and as such death-cum-retiral due including family pension is payable. From the counter affidavit, it is apparent that the State has already calculated the payable amount that is due and the two writ petitioners of the two writ petitions lay claim upon the said amount payable. From the facts noted above, which are not in dispute, it is apparent that the first wife and the children cannot be denied their right to the estate of late husband. The second wife having pre- deceased the husband obviously has no claim, but the two children from the second wedlock i.e. Glory R.Nath and Golden R.Nath are entitled to the estate as well. The families, it is not in dispute, are Hindus. Thus, in my view, the estate and the family pension would thus be required to first divide half and half The first half of it would go to Shylaja R.Nath, the writ petitioner in CWJC No. 10342 of 2010, which would include half of family pension. The rest that is half including half of family pension would come to the children of the second marriage that is Glory R.Nath and Golden R.Nath. As both of them have attained Patna High Court CWJC No.1506 of 2011 (4) dt.26-02-2013 4 majority but both of them have not attained the age of 25 years and not yet married, till they attained the age of 25 years or get married ,which ever is earlier, they would be entitled to family pension to the extent ,as noted above, to be shared in between of them. Thus, so far as Glory R.Nath and Golden R.Nath are concerned, they would receive 1/4th of the estate and 1/4th of the family pension as amongst themselves. Upon either of them getting married or crossing the age of 25 years the family pension falling to his/her share would be transferred to the other of the two children from the second marriage. The family pension would step upon they attaining 25 years of age. I, therefore, direct the Respondent- Superintending Engineer, Building Constriction Department to accordingly apportion the estate and the family pension to which all parties are agreeable and ensure that the same is given to the respective parties through their Bank account and P.P.O. accordingly issued. Upon both of the children from second marriage attaining the age of 25 years, family pension in full would be restored in favour of the first wife. It is expected that the respondent- Superintending Engineer would pass necessary order and take effective steps for Patna High Court CWJC No.1506 of 2011 (4) dt.26-02-2013 5 disbursement of the amount, as aforesaid, within a period of four weeks from today. All parties must co-operate. All parties to act accordingly. With the aforesaid observations and directions, the writ
Decision
petitions are disposed of. singh/- (Navaniti Prasad Singh, J)