IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8213 of 2005 SURMA DEVI W/o- Hari Singh, resident of village- Reula, Police Station- Atri, District-Gaya, at present residing at village-Baijnathpur, P.S.-Wazirganj, District-Gaya Versus 1. THE STATE OF BIHAR 2. The Director, Primary Education, Government of Bihar, Patna. 3. The District Magistrate, Gaya. 4. The District Superintendent of Education, Gaya. 5. The Area Education Officer-cum-Drawing & Disbursing Authority, Middle School, Birchha, Anchal- Wazirganj(North), District Gaya. 6. Hari Singh Son of Late Bhujali Singh, resident of village-Reula, P.S.-Atari, District-Gaya retired Assistant Teacher, Middle School, Birchha, Anchal- Wazirganj(North), District-Gaya. ----------- 3 19.02.2010 Heard Mr. Arun Kumar learned counsel appearing on behalf of the petitioner and Mr. Shashi Shekhar, A.C. to G.P. 9 for the State. The petitioner who claims to be legally wedded wife of respondent No.6, Hari Singh has filed the writ petition for a direction to the District Superintendent of Education, Gaya to enter her name as claimant in the pension form of the respondent No.6 as his wife so as to enable her to draw family pension when the occasions so arises. Learned counsel submits that the said entry is missing in the pension form submitted by her husband, respondent No.6 and for which she has also represented before the Block Education 2 Extension Officer praying therein to enter her name in the pension form for being enable to draw family pension. It so appears that following the representation filed by the present petitioner the District Superintendent of Education, Gaya vide memo no. 3539 dated 5.10.2005 has directed the respondent No.6, Hari Singh the husband of the present petitioner to furnish the name of his wife for being entered in the pension form for purpose of family pension. Learned counsel for the petitioner submits that the matter has remained at the same stage and thus her claim being the legally wedded wife of the respondent No.6 should be protected. Having regard to the accompanying circumstances the writ petition is disposed of with the direction to the respondent No.4, the District Superintendent of Education, Gaya to decide the claim of the petitioner and take final decision in furtherance of the letter dated 5.10.2005 as contained in Annexure-B to the counter affidavit in accordance with law. The writ petition is disposed of. Bibhash (Jyoti Saran, J.)