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2006 DIGILAW 138 (PAT)

Munakawa Devi @ Dhanwanti Devi v. State of Bihar

2006-02-06

body2006
ORDER CWJC No. 10797 of 2004 has been filed by the widow of the Government employee, namely, Late Indradeo Gope, who dies on 25th February, 1993, seeking family pension. CWJC No. 14623 of 2004 has been filed by the son of the said Government employee begotten through Ramrati Devi, who came to be associated with the deceased Government employee during the life time of his wife seeking family pension. 2. The deceased Government employee was a Hindu during his life time. The petitioners, in both the writ petitions are Hindus. In terms of section 16 of the Hindu Marriage Act any illegitimate child of the deceased male Hindu is entitled to inherit his illegitimates father and is to be treated at per with a legitimate child. In terms of the Bihar Pension Rules, 1950 a dependent son up to the age of twenty five years is entitled to family pension. 3. According to the rejoinder filed in CWJC No. 14623 of 2004 Dharmendra Kumar was born on 20.3.1983. He was, therefore, about ten years old at the time of death of the Government employee. Up to the age of twenty five years Dharmendra Kumar is, therefore, entitled to half of family pension and the remaining half Munakawa Devi @ Dhanwanti Devi, being the widow of Government employee, is entitled to until Dharmendra Kumar attains the age of twenty five years. Munakawa Devi @ Dhanwanti Davi, namely, the widow of the deceased Government employee is entitled to full pension from the date Dharmendra Kumar reaches the age of twenty five years. 4. On the basis of declaration, as above, let appropriate pension order be issued within three months and all arrears of pension be paid to the petitioners on the basis of their share therein, as detailed above. In the event the State requires Dharmendra Kumar to furnish proof of his date of birth the State must require the same within a period of one month from today. This disposes of the writ petitions.