IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5151 of 2003 Pashupati Kumar, son of Late Suryadeo Kumar, resident of village Pidhauli, P.S. Teghra, District- Begusarai ………… Petitioner Versus 1.The State Of Bihar through its Chief Secretary, Patna 2.Director, Bihar Primary Education, Patna 3.District Superintendent of Education, Begusarai 4.Area Education Officer, Cheria, Bariyarpur, Begusarai 5.Accountant General, Bihar, Patna 6.Saraswati Devi, wife of Pashupati Kumar, resident of village Pidhauli, P.S. Teghra, District- Begusarai ………….. Respondents ----------- 6. 25/03/2010 This writ application was filed by the petitioner for a direction to the respondents to pay his retiral dues including amount of gratuity, provident fund, leave encashment, Group Insurance, interim relief and Pension, arrears as well as current. It appears that during the service period of the petitioner, there was some order by the concerned authorities for a direction for payment of 1/3rd salary to the intervener I.e. first wife of the petitioner. The said order was under challenge in C.W.J.C.No.7213 of 2001. Therefore, this Court by order dated 18.8.2003 directed this writ application to be heard along with the said writ application. It was also directed that in the meanwhile, no payment of - 2 - retiral dues shall be made to any one. In the light of the said order, petitioner has not been paid any single farthing towards retiral dues. Learned counsel for the petitioner submits that the petitioner is suffering from Cancer and he needs money urgently to meet the cost of his treatment. The said first wife of the petitioner filed an I.A. for intervening in the matter which has been allowed by this Court by order dated 16.3.2010 and she has been added as party respondent no.6 in the writ application. Learned counsel appears on her behalf also. Since the petitioner admits that respondent no.6 is his first wife, there is moral duty of the petitioner to maintain her also, besides meeting his own expenses as well as maintaining his second wife and children begotten from her. Therefore, after some arguments, learned counsel for the petitioner has agreed that he will pay a monthly amount of Rs.2,500/- to respondent no.6 from the month from which his pension starts. He also agrees that from the arrears of pension and other pensionary - 3 - benefits, petitioner will pay a consolidated amount of Rs.2,00,000/- (Rupees two lacs) to respondent no.6 within one month from the date his amount of arrears is released. Learned counsel for respondent no.6 has agreed to the offer. In the circumstances, the interim order passed in this case on 18.8.2003 is recalled. The orders passed by the District Magistrate, Begusarai dated 30.7.2003 and District Superintendent of Education, Begusarai dated 7.8.2003 (Annexures-1 and 2 to the supplementary affidavit) directing for payment of 1/3rd pensionary benefits to respondent no.6 are quashed. Respondents are directed to release all arrears of pensionary benefits of the petitioner within one month from the date of receipt/production of a copy of this order. While issuing pension payment order to the petitioner, respondents themselves will pass separate orders for payment of Rs.2,500/- per month to respondent no.6 from the pension of the petitioner separately and while releasing arrears of pensionary benefits of the petitioner, respondents shall also issue orders - 4 - for payment of Rs.2,00,000/- (Rupees two lacs) to respondent no.6 directly. This writ application is disposed of with the aforesaid observations and directions. Pradeep/ (J. N. Singh, J.)