IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10529 of 2006 MANJU DEVI Versus THE STATE OF BIHAR & ORS ----------- 8/ 14-07-2008 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for private respondent No.6. I.A. No. 165 of 2008 has been filed on behalf of the petitioner for impleading the minor son and daughters of the petitioner from her husband, late Birendra Kumar Ram, as petitioners No. 2 to 4 to the writ petition. No objection is raised on behalf of the respondents and accordingly, this Interlocutory application is allowed. Let the children ,mentioned in paragraph 3 of the Interlocutory application, on whose behalf also vakalatnama has been filed, be impleaded as petitioners No. 2 to 4. This writ petition has been filed by Manju Devi, who happens to be the second wife of late Birendra Kumar Ram who died on 12.6.2005 while working as clerk at the Primary Health Centre, Gona, Bikram in the district of Patna. In the said writ petition the specific case of the petitioner was that she was entitled to half of all the retiral benefits of her husband, whereas respondent No. 6, Meena Devi, who is admittedly the first wife of the said deceased employee was entitled to the remaining half of the retiral dues. Respondent No. 6 has two sons from her deceased husband who are not parties to this writ petition. After several adjournments respondent No. 6 has filed a supplementary counter affidavit stating that she is agreeable to - 2 - compromise the case. Learned counsel for respondent No. 6 also submits that she is ready for compromise as per the terms of the writ petition, i.e., both the wives, namely, the petitioner and respondent No. 6 shall get all the retiral dues half and half on their own behalf as well as on behalf of their respective children. It is an admitted fact that no death-cum- retiral dues of the employee have been paid to any one. In the said circumstances this writ petition is being disposed of on the basis of amicable settlement arrived at between the parties according to which the respondent- authorities should pay all the death-cum- retiral dues half and half to petitioner No. 1 and respondent No. 6 within two months from the date of receipt/ production of a copy of this order before them. With the aforesaid direction this writ petition is disposed of. Let a copy of this order be handed over to Mr. Dhiraj Nandan, Govt. Pleader No. 18. B. Tiwary/ ( S. N. Hussain, J )