Letters Patent Appeal No.680 OF 2008. - - - - - - - Arising out of order dated 13th February 2008 passed by the learned single Judge in C.W.J.C.No.11320 of 2006. - - - - - - - 1. THE STATE OF BIHAR 2. The Chief Secretary, Govt. of Bihar, Patna. 3.The Secretary, Department of Welfare, Govt. of Bihar, Patna. 4.Sub-Divisonal Officer, Patori, District Samastipur.. ---------Appellants. Versus 1. MRS. MADHURIMA SINGH wife of Sri Manoj Kumar, Resident of village Bihat P.O. Bihat P.S.Barauni District Begusarai, Presently Child Development Project Officer, Mohiuddin Nagar, District Samastipur (Dismissed Employee). 2. Smt. Binda Devi, daughter of Sri Laxmi Sao, Resident of village + P.O.Baro (Rajdeopur) P.S.Garhara, District Begusarai -- --------Respondents. For the appellants : Mr.Mayank Rukhaiyar, J.C. to G.A.V. For the Respondents : Mr.Chitranjan Sinha,Sr.Adv. Mr. Aniil Kumar Singh, Adv. ----------- P R E S E N T THE HON'BLE JUSTICE SMT. T. MEENA KUMARI. THE HON'BLE MR. JUSTICE AKHILESH CHANDRA. T.Meena Kumari,J & Akhilesh Chandra,J The appeal was preferred by the State against the order dated 13th February 2008 passed by the learned single Judge in C.W.J.C.No. 11320 of 2006 questioning the benefit given to the writ petitioner (Respondent No.1 herein) who married Manoj Kumar who subsequently died. It was submitted through counter affidavit that the 1st wife had consented her husband for his 2nd marriage with another lady, as she was issueless. The learned single Judge having heard the matter and having examined rule 23 of the Bihar Government Servant Conduct Rules, 1976 set aside the order of punishment and allowed the writ 2 petition by giving cogent reason. Aggrieved by the said order, the present appeal has been preferred by the State. The learned counsel for the State stated that since the Sri Manoj Kumar, husband of Mrs. Madhurima Singh, writ petitioner was already married to Mrs. Bindu Devi, the order of punishment is legal and it should not have been interfered with by the learned single Judge. However, in view of the statement made by the respondent no.5, Smt. Bindu Devi, i.e., the 1st wife that she had consented for marriage of her husband Sri Manoj Kumar and also in view of the fact that said Manoj Kumar has already died, we are of the opinion that a direction can be issued for payment of salary to the present respondent No.1, i.e., the writ petitioner from the date of the impugned judgment, i.e., 13th February 2008. However, we make it clear that the entire period for which she was absent from duty, shall be counted for computing pension and other notional benefits. With this observation, the L.P.A. is disposed of. High Court, Patna. Dated 18th May, 2011 N.A.F.R.Jay. (T. Meena Kumari, J) (Akhilesh Chandra,J)