IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4061 of 2007 SMT.KANTI, wife of Late Geeta Singh, residence of Mohalla- Kauabhog (Doctor Toli), Police Station-Mokama, District-Patna. Versus 1. THE STATE OF BIHAR through the Secretary, Urban Department, New Secretariat, Patna. 2. The District Magistrate, Patna. 3. The Chairman Nagar Parishad, Mokama, District-Patna. 4. The Executive Officer Nagar Parishad, Mokama, District-Patna ----------- 4 11.02.2010 Heard Mr. Sanjay Kumar learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the respondents. The petitioner who claims to be the wife of late Geeta Singh, has filed the writ petition for payment of the post retiral dues as admissible to her late husband who retired as Ward Jamadar on 28.2.2003 and expired on 18.1.2007 but could not get his post retiral benefits relating to leave encashment, group insurance, G.P.F., gratuity and one month’s salary. The deceased employee also did not draw any pension nor any family pension was being paid to the petitioner. A counter affidavit has been filed on behalf of the Nagar Parishad, Mokama and in which the objection taken is that the deceased 2 employee late Geeta Singh did not name any person as nominee in his pension form. It is thus being conveyed that late Geeta Singh remained unmarried through out his life and that the petitioner who claims herself to be the widow of late Geeta Singh is not legally wedded to him. The position that the retiral dues was not paid to late Geeta Singh, has been admitted by the Parishad. It is also contended that the petitioner has filed a writ petition bearing C.W.J.C. No. No. 4040 of 2007 which is pending in this Court, for payment of her own post retiral dues and which has been filed as a daughter and not as wife of Geeta Singh. A rejoinder has been filed on behalf of the petitioner and who submits that the writ petition was filed on the basis of the entries in the official records which mentions the name of her father, hence it was similarly mentioned in the writ petition. Learned counsel further submits that despite presenting supportive documents showing that the petitioner is the legally wedded wife of late Geeta Singh, the respondent authorities of the Zila Parishad were unnecessary creating impediment in the payment of the post retiral benefits of her 3 late husband. Having regard to the nature of grievance and the rival contention advanced on behalf of the parties, this writ petition is disposed of with a liberty to the petitioner to file her claim before the respondent No.4, Executive Officer Nagar Parishad, Mokama together with supportive documents in support of her claim of being the legally wedded wife of late Geeta Singh and the respondent No.4 upon consideration of the documents and being satisfied, shall make payment of the entire post retiral dues as admissible to the late Geeta Singh to the present petitioner together with arrears of pension and family pension as admissible to her within a period of three months from the date of presentation of such representation. Needless to add that if the respondent Executive Officer chooses to reject the claim of the petitioner, it should be on a sound reasoning and should also reflect in the speaking order to be passed in this regard. The writ petition is disposed of with the direction aforesaid. Bibhash (Jyoti Saran, J. )