IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10366 of 2006 Smt.Saroj Devi W/O Late Basudeo Choudhary, resident of Village- Gauripur ( Sigheshwar ), P.O. Sigheshwar, District- Madhepura ------------------ Petitioner Versus 1. The State Of Bihar 2. Director General of Police, Bihar at Patna 3. Superintendent of Police, Saharsa 4. Superintendent of Police, Madhepura 5. Smt. Kanti Devi, resident of Village- Gauripur ( Sigheshwar ), P.O. Sigheshwar, District- Madhepura ---------------------- Respondents. ----------- 04 30-03-2011 Heard Sri Bishwanath Singh no.1, learned counsel for the petitioner and Sri Rohit Mishra, learned A.C. to Standing Counsel no.8 appearing on behalf of Respondent nos.1 to 4/ State. The petitioner claiming herself as second wife of Late Basudeo Choudhary , Constable No.447 , who died on 1.9.2005, has prayed for directing the Respondent/State to pay 50 % of the amount of death-cum- retiral benefits on account of death of Late Basudeo Choudhary to the petitioner and further to restrain the Respondent/State not to make payment of 100 % of death cum- retiral dues accruing due to death of Late Basudeo Choudhary to Respondent no.5 , Smt. Kanti Devi , who according to the petitioner was the first wife of the deceased employee. The petitioner has not brought to the notice of the Court any provision entitling the second wife of the deceased employee to claim death –cum- retiral dues in such situation. However, in this case , a counter affidavit has been filed on behalf of Respondent/State, wherein it has been stated that even an enquiry was conducted to ascertain as to whether the petitioner was legally married wife of 2 the deceased employee or not. During the enquiry, no material was brought to the notice before the authorities concerned to establish the fact that she was wife of deceased employee. However, the material, which has been brought on record, is contrary to the claim of the petitioner. In view of the facts and circumstances, the Court is of the opinion that no relief can be granted to the petitioner. Accordingly, the petition stands dismissed. NKS/- ( Rakesh Kumar,J.)