IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1278 of 2002 1. RATNESH KUMAR SINHA, son of Late Nand Kishor Prasad. 2. Ramesh Kumar Sinha, son of Late Nand Kishor Prasad. Both resident of Mohalla- Bari Khothi, Lallu Babu Ka Kuncha, Police Station- Chowk, Patna City, Post Office- Begampur, Pin Code No.800009, District- Patna. ….Respondent Nos.7 & 8…. Appellants. Versus 1. THE STATE OF BIHAR. 2. The Secretary-cum- Commissioner, Department of Excise, Government of Bihar, Patna. 3. The Assistant Commissioner of Excise, Bhojpur-cum- Buxar. 4. The Superintendent of Excise, Bhojpur. 5. The District Provident Fund Officer, Bhojpur. 6. The Accountant General, Bihar, Patna. ……. Respondents……. Respondents. 7. Smt. Girja Devi, alleged to be widow of late Nand Kishore Prasad, resident of Mohalla- Dundi Bazar, Police Station- Chowk, Patna City, Post Office- Begampur, District- Patna. ….. Petitioner ….. Respondent. ----------- 07- 27.9.2010 Heard Mr. Vijay Kumar Pandey for the appellant, and Mr. Vikash Kumar for the State of Bihar and its functionaries. None appears on behalf of respondent nos.6 and 7. This appeal under clause 10 of the Letters Patent of the High Court of Judicature at Patna has been preferred by respondent nos.7 and 8 of C.W.J.C. No. 4214 of 2002 (Girja Devi Vs. The State of Bihar and others), whereby the writ petition for the post-retirement benefits admissible to the writ petitioner (respondent no.7 herein) has been allowed. 2 We shall go by the description of the parties occurring in the writ petition. 2. We have perused the materials on record and considered the submissions of learned counsel for the parties. One Nand Kishore Prasad died in harness in 1983, while he was posted as a Constable in the Excise Department. The writ petitioner (respondent no.7 herein) claimed to be his legally wedded second wife, the first wife having predeceased her, and the appellants herein (respondent nos.7 and 8 to the writ petition) are the sons from the previous wife. The writ petitioner had obtained succession certificate from the court of competent jurisdiction, as a result of which the State Government assigned to her the whole of the family pension. Respondent nos.7 and 8 were also granted a share in other post- retirement benefits. In fact, respondent nos.7 and 8 received a sum of Rs.954/- in excess of their share. The apportionment was made by order dated 27.7.2002 (Annexure-C), from the Excise Department to the Accountant General. The widow preferred the present C.W.J.C. No.4214 of 2002, which was disposed of by order dated 10.9.2002 with the direction to the Accountant General to make payment of distribution of the post- 3 retirement benefits in the manner suggested in the aforesaid communication dated 27.7.2002 (Annexure-C). It has also been observed that if a sum of Rs.954/- paid to respondent nos.7 and 8 in excess, the same has to be adjusted in the manner suggested therein. 3. On a perusal of the materials on record and the order of the learned Single Judge, we entirely agree with the same. We do not find any merit in this appeal and is accordingly dismissed. In the circumstances of the case, there shall be no order as to costs. (S K Katriar, J.) (Birendra Prasad Verma, J.) S.K.Pathak/