IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5347 of 2005 KHALIL AHMAD KHAN (since deceased substituted by his wife Aquila Khatoon), resident of Village Rasolpur, PO – Ajaipur, Dist. Nalanda at present residing at Village Jamuawan, P.S. Ekangarsarai, P.O. Paithana via Atsarai, Dist. Nalanda. …… Petitioner Versus 1. THE STATE OF BIHAR through the Chief Secretary, Bihar, Patna. 2. The Commissioner cum Secretary, Department of Industries (Vikas Bhawan), Bihar, Patna. 3. The Director Department of Industries (Handloom and Skill), Bihar, Patna. 4. The Accountant General (A & E), Bihar, Birchand Patel Path, Patna. 5. The General Manager, District Industries Centre, Rohtas (Sasaram). 6. The Treasury Officer, Nalanda, At & P.O. Biharsharif (Nalanda). ----------- For the petitioner : Shri Md. Obaidullah. For the A.G. : Mr. Vivka Nand Kumar. For the State : Mr. Shashi Shekhar Pd. Singh, JC to GP IX. ---------- 04. 06.02.2009 I.A. No. 1201 of 2008 is a substitution petition to bring on record the wife of the petitioner who died on 01.11.2006. I.A. No. 1201 of 2008 is allowed. Petitioner, a so-called second wife married after retirement, is claiming revision of pension of her late husband who retired way back in the year 1980. In the counter affidavit filed on behalf of respondent No. 5 in para 10 a categorical statement has been made that any revision in pension must be claimed within 10 months of the said circular issued in the year 1999 which was not done in the present case. It has further been stated in para 11 that the employee at the time of retirement had categorically stated that his wife was dead and his children had become major and he had left no liability. In that view of the matter even it is presumed that the present petitioner is a legally married wife no pension can be - 2 - authorized to her in light of Finance Department’s Circular dated 3.10.1984, Clause 7 (III). The writ application is misplaced and is dismissed. rkp (Ajay Kumar Tripathi, J)