IN THE HIGH COURT OF JUDICATURE AT PATNA LETTERS PATENT APPEAL No.1213 of 2010 IN CIVIL WRIT JURISDICTION CASE NO. 13945 of 2008 WITH INTERLOCUTORY APPLICATION NO. 6770 OF 2010 IN LETTERS PATENT APPEAL No.1213 of 2010 ==================================================== Vijay Kumar S/O Late Ravindra Prasad Singh R/O Vill Nimi, P.S.Shekhopur Sarai, Distt-Shekhpura. …. …. Respondent No.8/Appellant Versus 1. The State of Bihar 2. The Director, Primary Education Education Bihar, Patna 3. The District Magistrate Jamui, Bihar 4. The Deputy Collector, Establishment Jamui, Bihar 5. The District Superintendent of Education Jamui, Bihar 6. The District Provident Fund Officer Jamui, Bihar 7. The Accountant General Bihar, Patna …. …. Respondents/Respondents 8. Nilam Kumari W/O Late Ravindra Prasad Singh R/O Vill Nimi, P.S.Shekhopur Sarai, Distt-Shekhpura. …. …. Petitioner/Respondent ==================================================== Appearance : For the Appellant : Mr. Prakash Mahto, Advocate For the State: Mr. Satyadeo Kumar, S.C.12 For the Respondent No.7 : Mr. Vivekanand Kumar, Advocate ==================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2. 18.8.2010. Re. Interlocutory Application No. 6770 of 2010 and Letters Patent Appeal No. 1213 of 2010: - This appeal is preferred under Clause 10 of the Letters Patent against the order dated 25th March 2010 made by the learned single Judge in C.W.J.C. No. 13945 of 2008. Learned single Judge has directed the - 2 - terminal dues of the deceased to be paid to his widow in whose favour a succession certificate has been issued. The appellant, son of the deceased, has challenged the order of the Civil Court in Miscellaneous Appeal before this Court. As the widow of the deceased, respondent no.8, has obtained succession certificate from a Court of competent jurisdiction she cannot be denied the terminal dues of the deceased. If at all the appellant succeeds in the miscellaneous appeal, he may have claim to recover the retrial dues. The learned single Judge cannot be said to have erred in allowing the widow to receive the terminal dues of the deceased. For the aforesaid reason the Appeal and the Application is dismissed. Pawan/- (R.M. Doshit, CJ) (Jyoti Saran, J)