IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.611 of 2008 SITA DEVI wife of late Ganga Thakur, resident of Mohalla- Harani Chak (Mahule Tola), P.O. Anisabad, P.S. Phulwarisharif,District-Patna. Versus 1. THE STATE OF BIHAR through the Secretary, Department of Health, Govtg. of Bihar,Patna. 2. The Director, Deshi Chikitsa Nideshalay (Health Department), Govt. ofd Bihar, New Secretariate,Patna. 3. The Accountant General,Bihar,Patna. ----------- 2 19.2.2009 Petitioner is the wife of late Ganga Thakur, who died in harness while working as a Peon in the Department of Director, Deshi Chikitsa Nideshaklay (Health Department),Govt. of Bihar, Patna, on 16.1.2006. She complained that no terminal benefit has been paid to her but while stating so, she has also revealed that another lady, Sobha Devi, had claimed in Lok Adalat to be the wife of petitioner’s wife, which proceedings have been terminated and she has filed a Title Suit, which is pending in the Court of Sub Judge,Patna being Title Suit No. 360 of 2006. It is stated that the Title Suit is on behalf of minor children. Apparently, Sobha Devi cannot be the second wife and at best, she could be a concubine but does not deprive her children of legal right as against the deceased employee. Be that as it may, the Department is obliged to furnish all terminal benefits, quantify the same and as per available nomination made therein, pay the amount to the nominee unless there is any specific order of any competent 2 Court to the contrary. The matter cannot wait indefinitely waiting some order from some Court. In case any person is aggrieved by the action of the Govt., he is free to challenge the same before a Court of competent jurisdiction, who is to take an independent decision in the matter, including any interim order but till such time, any interim order is issued, the Government is bound to make payment as per nomination. It is, therefore, directed that the Director, Deshi Chikitsa Nideshalaya (Health Department), Govt. of Bihar, Patna (respondent no.2) would ensure action in accordance with the direction, as contained herein above, within a period of two months from the date of filing of a copy of this order before him. This disposes of the writ petition. SINGH (Navaniti Pd. Singh, J.)