IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2528 of 2009 ASHA DEVI Versus THE STATE OF BIHAR & ORS ----------- 2 26/2/2009 Heard counsel for the petitioner, counsel for the Government of India as also counsel for the Government of Bihar. The case of the petitioner for grant of family pension on the basis that her husband Late Rajeshwar Singh, a Sipoy in the establishment of Indian Army, is full of inherent contradictions, in as much as, it is the case of the petitioner that the said Rajeshwar Singh had retired from his service on 25.2.1970 and after six years of his retirement he had married the petitioner on 7.3.1976. The petitioner claimed that her husband Rajeshwar Singh was suddenly found to be missing from 11.5.1982 and therefore when she could not get family pension for the period of twenty seven years she has filed this writ application for a direction to the authority concerned to consider and grant family pension by treating that Rajeshwar Singh will be deemed to have been dead at least from 11.5.1989, seven years from the 2 date he was missing. This Court, without expressing any opinion on such claim of the petitioner, would only expect that the concerned authority, namely, respondent no.5, The Officer in Charge, E.M.E. Record Office, Trimulgherry, 20, Secunderabad-21 (A.P.) would consider and decide the case of the petitioner strictly in accordance with law. If there be no record with regard to the petitioner being wife of Late Rajeshwar Singh, as marriage is said to have been solemnized after retirement of Rajeshwar Singh, the authority concerned will simply record that and reject the case of the petitioner. The petitioner, if so advised, may file a fresh representation enclosing all his documents, whereafter respondent no.5 shall be under obligation to dispose it of by passing a speaking order. With the aforementioned observation and direction this application is disposed of. (Mihir Kumar Jha, J.) Abhay Kumar 3