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Jharkhand High Court · body

2014 DIGILAW 951 (JHR)

Shakuntala Devi v. State of Jharkhand

2014-09-10

APARESH KUMAR SINGH

body2014
JUDGMENT APARESH KUMAR SINGH, J. 1. Heard counsel for the parties. 2. The present controversy is a result of fight between two ladies claiming themselves to be the first legally wedded wife of the deceased employee, Late Bindeshwari Singh. At the instance of the respondent no. 5, Bimla Devi @ Shakuntala Devi in the writ petition being W.P. (S) No. 3783 of 2012 the learned Single Judge of this Court vide judgment dated 18.9.2012 had the pleasure to direct the respondent no. 2 Accountant General to pass a suitable order after hearing the petitioner as also the alleged second wife who also had the same name Shakuntala Devi. On the request of office of Accountant General, the District Education Officer, Koderma gave notice to the said petitioner, Bimla Devi @ Sakuntala Devi and the alleged second wife, Shakuntala Devi, who is writ petitioner in the present writ petition and thereafter came to the conclusion that Bimla Devi, writ petitioner in W.P. (S) No. 3783 of 2012 was the first wife and the present petitioner, Shakuntala Devi was the second wife whose name was shown as Baijanti Kumari in the records of the Ram Narayan High School, Padma, Hazaribag, as per the certificate granted by the Principal of the said school. The said determination was communicated to the office of Accountant General through letter no. 74 dated 28.1.2014. 3. The respondent no. 6 who is the District Education Officer, Koderma has filed a counter affidavit stating that after receiving memo no. 1069 dated 20.12.2013 issued by the office of Accountant General notices were issued to both the wives of the deceased employee to produce documents in support of their claim for family pension. Both wives of the deceased employee produced documents in support of their claims based upon which the letter dated 28.1.2014 has been issued to the Office of Accountant General. It is the contention of the respondent no.6 that on the said report the Accountant General has come to the conclusion that Bimla Devi @ Sakuntala Devi is the first wife of the deceased employee. 4. The stand of the District Education Officer, however has been disputed by the petitioner herein stating that no such notice was served upon her. Further statement has been made by the present petitioner that the report sent by the respondent no. 6 is a fabricated document prepared to favour the respondent no. 5. 4. The stand of the District Education Officer, however has been disputed by the petitioner herein stating that no such notice was served upon her. Further statement has been made by the present petitioner that the report sent by the respondent no. 6 is a fabricated document prepared to favour the respondent no. 5. It has also been stated that the relevant annexure of the writ petition would show that in the address of the deceased employee all through out is mentioned as Old Bus Stand, Jhumri Telaiya and in the column of the service book and PPO photograph of the wife is mentioned as Shakuntalal Devi i.e. the present petitioner. According to the petitioner the PPO itself has been fabricated after tempering with certain portion and affixing the single photograph of respondent no. 5. 5. Learned counsel appearing on behalf of the Accountant General, Jharkhand has taken a stand that earlier on receipt of the sanction order vide letter no. 187 dated 20.2.2013 from the District Education Officer, Koderma and after due verification of the documents necessary direction was issued to the Treasury Officer, Hazaribag on 4.3.2013 for payment of family pension to Most. Bimla Devi @ Shakuntala Devi as a first wife of late Bindeshwari Singh, the deceased government servant as per government circular dated 6.9.1996. Since it was communicated by the Treasury Officer, Koderma that the PPO No. 298995 was lost, the office of Accountant General issued letter dated 1.5.2013 directing the Treasury Officer, Koderma to take recourse of Rule 347 and 352 of the Treasury Code and ensure payment of family pension to Most. Bimla Devi @ Shakuntala Devi, which was also followed by letter dated 20.6.2013 and letter dated 9.9.2013. Since both the lady have similar name, Shakuntala Devi, the Treasury Officer, Koderma was finding difficulty in making payment without proper authentication. Therefore, vide letter dated 10.12.2013 the District Education Officer, Koderma was requested to inquire into the matter at his level being the sanctioning authority and intimate the lawful claimant in whose favour the payment would be made. The District Education Officer, Koderma, thereafter undertook an exercise as per the statement made by the Office of Accountant General requesting both the lady to appear with relevant documents so that after proper verification fresh sanction order can be forwarded to the office of Accountant General for issuance of necessary direction for payment of family pension. The District Education Officer, Koderma, thereafter undertook an exercise as per the statement made by the Office of Accountant General requesting both the lady to appear with relevant documents so that after proper verification fresh sanction order can be forwarded to the office of Accountant General for issuance of necessary direction for payment of family pension. In the aforesaid background of facts, the District Education Officer communicated his letter dated 28.1.2014 to the Accountant General, as per which the private respondent no.5 namely Bimla Devi @ Shakuntala Devi is the first wife of the deceased government servant and present petitioner is the second wife and she is not entitled for family pension. Perusal of the communication dated 28.1.2014 indicates that several documents were produced by the respondent no. 5 and the present petitioner. The private respondent no. 5, Bimla Devi @ Shakuntala Devi produced the order passed by the Sub Divisional Judicial Magistrate, Koderma by which the deceased employee was found guilty of contracting second marriage with the present petitioner; order of Sub Divisional Judicial Magistrate, Koderma wherein maintenance was granted to Respondent no. 5, Bimla Devi; joint photograph of respondent no. 5 affidavit of the Executive Magistrate, Koderma; family caste certificate issued by the Circle Officer, Koderma bearing letter no. 191 dated 5.12.2012, death certificate of the deceased employee; affidavit of the respondent no. 5; Aadhar Card and Identity Card of the lady, Bimla Devi @ Shakuntala Devi; certificate of Mukhia, Badri Singh; certificate of Uppramukh, Panchayat Samiti, Vijay Kumar Singh; certificate of Dr. Neera Yadav, Vice Chairman, Zila Parishad, Koderma; papers relating to land deed where the name of Most. Shakuntala Devi, wife of Late Bindheswari Singh was mentioned. The present petitioner had also produced several documents in support of her claim which are in total of 19 pages. Upon perusal and consideration of the aforesaid documents, the District Education Officer, Koderma came to a conclusion that the respondent no. 5, Bimla Devi @ Shakuntala Devi, wife of late Bindheswari Singh, retired Teacher, Gandhi High School, Jhumri Telaiya is the first wife and Most. Shakuntala Devi is the second wife. The District Education Officer, Koderma also took into account that in the certificate issued by the Principal, Ram Narayan High School, Padma, Hazaribag, the name of Shakuntala Devi has been mentioned as Baijanti Kumari as per the school records. Shakuntala Devi is the second wife. The District Education Officer, Koderma also took into account that in the certificate issued by the Principal, Ram Narayan High School, Padma, Hazaribag, the name of Shakuntala Devi has been mentioned as Baijanti Kumari as per the school records. This determination of inter-se claim of the petitioner and the respondent no. 5 have been undertaken by the District Education Officer, Koderma on the request of the office of Accountant General to come to a conclusion about the identity of the real first wife of the deceased employee. In the judgment passed in the case of respondent no. 5 being W.P. (S) No. 3783 of 2012, the Accountant General was directed to take a decision after hearing the parties. From perusal of the order of the District Education Officer, Koderma and the stand taken by the respondent-Accountant General in their affidavit, it is evident that the Accountant General had also requested the District Education Officer, Koderma to examine the rival claims of the two ladies and intimate the rightful claimant about the payment of family pension of the deceased employee as he was the sanctioning authority. After such determination the reasoned order, which is enclosed to the affidavit of respondent no. 5 as also to the affidavit of the District Education Officer, Koderma has been passed. 6. In the writ proceeding, the Court proceeds on the basis of the documents on record and averments made thereunder. The determination made by the District Education Officer, Koderma as contained in letter dated 28.1.2014 is not under challenge in the present writ petition. The office of Accountant General has also indicated in their counter affidavit that the respondent no. 5, Bimla Devi @ Shakuntala Devi is the first legally wedded wife of the deceased employee. In such circumstances, the claim of the present petitioner that she is entitled to family pension of the deceased employee being the first legally wedded wife of late Bindeshwari Singh cannot be accepted. The respondent-Accountant General has issued the PPO in favour of the Most. Bimla Devi @ Shakuntala Devi, which is also annexed to the supplementary affidavit of the private respondents. In such circumstances, therefore, petitioner has failed to make out a case that she is the first legally wedded wife and is entitled for family pension. Therefore, the writ petition has to fail and is accordingly, dismissed. 7. Bimla Devi @ Shakuntala Devi, which is also annexed to the supplementary affidavit of the private respondents. In such circumstances, therefore, petitioner has failed to make out a case that she is the first legally wedded wife and is entitled for family pension. Therefore, the writ petition has to fail and is accordingly, dismissed. 7. However, it would be open to the petitioner to seek declaration from the competent Court of law that she is the first legally wedded wife of the deceased employee. Upon such a declaration, it would be open for her to stake her claim before the respondent authorities of the State for reconsideration of their earlier decision to pay pension to the respondent no. 5 8. However it is made clear that the observation made herein above are only prima facie in nature and shall not prejudice the case of the petitioner before the competent Court for seeking a declaration as first legally wedded wife of the deceased employee. 9. The interim order dated 16.4.2014 stand vacated. Let payments including any arrears of family pension be made to the private respondent no. 5, Bimla Devi @ Shakuntala Devi as per the PPO issued by the office of Accountant General by the concerned respondent-State Bank of India. 10. Pending I.As. also stand closed.