IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2162 of 2009 INDU DEVI, wife of late Rajnandan Singh, resident of Village – Athari, Police Station – Runni Saidpur, District – Sitmarhi. …………………….. Petitioner Versus 1. THE STATE OF BIHAR 2. The Accountant General (A & E)-II, Bihar and Jharkhand, Birchand Patel Marg, Patna. 3. The District Magistrate, Sitamarhi. 4. The District Provident Fund Officer, Sitamarhi. 5. The Executive Engineer, Bagmati Division, Runni Saidpur, Sitamarhi. 6. The Engineer-in-Chief, Irrigation Department, Government of Bihar, Patna. 7. The Principal Secretary, Irrigation Department, Government of Bihar. 8. The Principal Secretary, Finance Department, Government of Bihar. ----------- Respondents 02. 18.02.2009 Heard learned counsel for the petitioner, learned counsel for the Accountant General and learned counsel for the State. Petitioner claims herself to be the wife of late Rajnandan Singh, erstwhile employee working on the post of peon in the office of the Executive Engineer, Bagmati Division, Runni Saidpur, in the district of Sitamarhi, who retired on 31.5.2002. Pension was sanctioned in favour of the employee but after his death the wife has filed the present writ application claiming family pension. Learned counsel for the petitioner submits that the only reason why petitioner has not been sanctioned family pension is because her husband did not show her as one of the nominees in the service records. The name of the daughter appeared as a nominee. There must be reason why the employee chose not to nominate his wife as a beneficiary. Prima facie, therefore, no wrong has been committed by the respondents but if the petitioner claims - 2 - herself to be still legally wedded wife of the employee then she has freedom to approach the competent authority with supporting documents and materials including the succession certificate if need be to establish the claim and the respondents dependent on such evidence and claim will decide the issue. The writ application is disposed of with the above liberty to the petitioner. rkp (Ajay Kumar Tripathi, J)