IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18425 of 2009 GEETA DEVI AGED ABOUT 60 YEARS, WIFE OF LATE RAMCHANDRA THAKUR, R/O VILL- MANJHAULI PACHDAHI, P.S- SAKRA, DISTT- MUZAFFARPUR ---PETITIONER Versus 1.THE STATE OF BIHAR. 2.CHIEF ENGINEER, TUBE WELL DIVISION, MUZAFFARPUR. 3.THE EXECUTIVE ENGINEER, TUBE WELL DIVISION, MUZAFFARPUR. 4.THE BRANCH MANAGER, CENTRAL BANK OF INDIA, SIHO BRANCH, MUZAFFARPUR. ---RESPONDENTS ----------- 2. 6.1.2010 Heard the learned counsel for the petitioner and the State as well as the learned counsel appearing for the respondent- Bank. The prayer in this writ application is for issuance of direction to the authorities concerned for payment of family pension as well as for payment of deposited amount in the Bank account of the petitioner’s husband, who was posted as Foreman and retired on 30th of November, 2000 from the Office of the Executive Engineer, Tubewell Division, Madhubani. It is submitted that upon superannuation, the husband of the petitioner was availing his pension, which was being disbursed by the respondent-Bank. It has further been stated that with effect from 28th of August, 2007, the husband of the petitioner is missing and has not returned back to his home and, as such, the petitioner submits that she is entitled to receive the family pension. Learned counsel appearing for the State as well as the respondent-Bank opposes the prayer made in the writ petition and submit that neither there is any averment in the writ petition nor there 2 is any material on the record that the husband of the petitioner has died. In fact, in paragraph 10 of the writ petition, the petitioner herself is not sure as to whether her husband has died or kidnapped since he was having a sum of Rs.50,000/- with him. Considering the submissions of the parties, the claim for family pension cannot be accepted being premature as there is no specific pleading or material on the record to substantiate the fact that the husband of the petitioner has died. As a matter of fact, as alleged, the petitioner herself is not sure as to whether her husband is alive or dead upon his disappearance on 28th of August, 2007. In the above circumstances, I do not find any merit in the writ application. The same is, accordingly, dismissed. PNM (Shailesh Kumar Sinha, J.)