Kalawati Devi v. Bihar State Power Holding Company Ltd
2021-11-17
ANIL KUMAR SINHA
body2021
DigiLaw.ai
JUDGMENT 1. Heard the parties. 2. The dispute in the present writ application is with regard to payment of retiral dues to the petitioner as well as progenies from the second wife. 3. Mr. Dhirendra Nath Jha, learned counsel for the second wife i.e. respondent no. 9 is present. 4. Mr. Sanjeet Kumar, learned counsel for the petitioner submits that petitioner is the first wife and she was entitled to be paid entire death cum retiral dues of her husband, who retired on 31-05-2013 and subsequently died on 13th January, 2015. Petitioner received other retiral dues of her husband and started getting family pension from February, 2015 however, suddenly with effect from May, 2017 family pension of the petitioner has been reduced to 50%. 5. On the other hand, Mr. Vinay Kirti Singh, learned senior counsel for the South Bihar Power Holding Company Ltd. submits that the fact of the matter is that the second wife (i.e. respondent no. 9) had earlier approached this Hon'ble Court in C.W.J.C. No. 19341 of 2015 and this Court vide its order dated 19-09-2016 held that second wife is not entitled to be given any retiral benefit. However, the court observed that progenies from second wife can claim share in the post retiral dues of the deceased employee through the legal guardian. He next submits that in the light of the aforesaid order of this Court the retiral dues of the petitioner were reduced to 50% and the rest 50% amount of the retiral dues has been withheld in anticipation of payment of retiral dues to the progenies from the second wife pursuant to this Court's order in the writ petition filed by respondent no. 9. 6. Learned counsel for the petitioner in reply submits that pension of the petitioner has been reduced way back in 2017 and the respondent -South Bihar Power Distribution Company Ltd. is sitting tight over the matter and the claim of progenies from the second wife has not yet been decided. He further submits that respondent - South Bihar Power Holding Company Ltd. may be directed to decide the claim of respondent no. 9 as the legal guardian of progenies within a stipulated time period after giving opportunity of hearing to the petitioner as well as respondent no. 9. 7.
He further submits that respondent - South Bihar Power Holding Company Ltd. may be directed to decide the claim of respondent no. 9 as the legal guardian of progenies within a stipulated time period after giving opportunity of hearing to the petitioner as well as respondent no. 9. 7. After having heard learned counsel for the parties and taking into account the submissions advanced by them as well as considering the fact that the issue regarding payment of rest 50% amount of the retiral dues / pension to the progenies of the respondent no. 9 (i.e. second wife) is still pending before the respondent authority, as such, the respondent no. 5 i.e. General Manager-cum-Chief Engineer, Pesu Region, Patna-15 is directed to decide the aforesaid issue within a period of three months from the date of receipt / production of a copy of this order in accordance with law after giving opportunity of personal hearing to the petitioner as well as respondent no. 9. 8. With the aforesaid observation and direction, the present writ petition is disposed of.