IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.918 of 2009 1. RAUSHAN KUMAR 2. MALA KUMARI, MINOR SON AND DAUGHTER OF LATE GANGA THAKUR UNDER THE GUARDIANSHIP OF THEIR MOTHER SOBHA DEVI, WIDOW OF LATE GANGA THAKUR. ALL RESIDENT OF MUHALLA HARNICHAK, POLICE STATION FULWARISARIF, DISTRICT-PATNA. -APPELLANTS Versus 1. THE STATE OF BIHAR, THROUGH THE SECRETARY, DEPARTMENT OF HEALTH, GOVERNMENT OF BIHAR, PATNA. 2. THE DIRECTOR, DESHSI CHIKITSHA NIDESALAYA, (HEALTH DEPARTMENT), GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA. 3. THE ACCOUNTANT GENERAL, BIHAR, PATNA. -RESPONDENTS 1ST PARTY. 4. SITA DEVI, WIFE OF LATE GANGA THAKUR, RESIDENT OF MUHALLA HARNICHAK, (MAHULA TOLA), POST OFFICE-ANISABAD, POLICE STATION FULWARISARIF, DISTRICT-PATNA. -RESPONDENT 2ND SET -RESPONDENTS 3 05.08.2009 Heard the learned counsel for the appellants in respect of I.A. no. 4825 of 2009 through which the appellants Raushan Kumar and Mala Kumari, who claimed to be minor son and daughter of late Ganga Thakur, born out of Sobha Devi, have prayed for grant of leave to maintain this appeal against judgment and order dated 19th February, 2009 whereby CWJC no. 611 of 2008 filed by Sita Devi wife of late Ganga Thakur for terminal benefits payable on account of death of late Ganga Thakur has been allowed. It has been submitted on behalf of the appellants 2 that the writ court has noticed that although the mother of these appellants cannot be legally wedded second wife of late Ganga Thakur, her children have legal right as against the deceased employee. It was further submitted that since terminal benefits have been ordered to be paid to Sita Devi as per nomination made by the deceased Ganga Thakur, the appellants may suffer legal injury in case they are not given their due share in the terminal benefits. The order under appeal does not have any adverse effect upon the rights of the appellants. Any person who has a claim over a part of estate of a deceased, can maintain a claim against the nominee who is only entitled to receive the terminal benefits on account of nomination in his or her favour. The shares of other legal heirs cannot be adversely affected on account of money being paid to the nominee. With this clarification, the appeal is disposed of. (Shiva Kirti Singh, ACJ.) (Anjana Prakash, J.) AAhmad 3