IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18374 of 2009 1. MOST. TETRI DEVI W/O LATE SITA RAM SINGH R/O VILL.- NARAULI, P.O. AND P.S.- SIGORI, DISTT.- PATNA AT PRESENTLY RESIDING GANGA BIHAR COLONY, P.O. AND P.S. - DIGHA GHAT, DISTT.- PATNA Versus 1. THE STATE OF BIHAR 2. THE UNDER SECRETARY DEPTT. OF HOME (SPECIAL), FREEDOM FIGHTER DIVISION, GOVT. OF BIHAR, PATNA 3. THE ZONAL MANAGER STATE BANK OF INDIA, MAHENDRU, PATNA 4. THE BRANCH MANAGER STATE BANK OF INDIA, KURJI, PATNA ----------- 02. 14.02.2011 Heard learned counsel for the petitioner and learned counsel for the State. No one appears on behalf of the State Bank of India despite copies having been served and the name of the counsel appearing in the Cause List. The petitioner is stated to be the second wife of Late Sita Ram Singh. Sri Singh was granted freedom fighter’s pension and continued to receive the same till his death in 1993. After his death, his first wife Late Deorani Devi, continue to receive the family pension. The petitioner desires the family pension after her death on 15.1.2008. Learned counsel submits that in view of the fact that the State Bank of India, Kurji Branch is the disbursing authority, they are under requirement to make necessary correction in the Pension Book in light of the circular of the Union of India dated 15.9.1998 granting freedom fighter pension in the event that the 2 freedom fighter had two wives. He submits that since both the petitioner and Late Deorani Devi were residing under one roof the need to seek a separate pension earlier by 50% bifurcation of the same was not felt necessary. The Court considers that as a very reasonable conduct on part of the petitioner. The Court however does not countenance the submission that the State Government has nothing to do in the matter and the entry of the name of the petitioner has to follow as a matter of course in Pension Book before the Bank. This conclusion is arrived at on the basis of the same circular on which the petitioner relies dated 15.9.2008, Column-3 of which states that before taking action, facts may be verified by the District Magistrate. Let the petitioner represent before the District Magistrate with all supporting documents in context of her claim as the second wife of Late Sita Ram Singh. The District Magistrate is then required to pass final orders to his satisfaction reasoned and speaking in nature and, if so satisfied, give necessary instructions to the State Bank of India, Kurji Branch accordingly. Keeping in mind that the matter relates to family pension for a widow, this Court requires the 3 District Magistrate to pass final appropriate order not later than a maximum period of two months from the date that the petitioner submits necessary papers before him. The application stands disposed. P.K. ( Navin Sinha, J.)