IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.156 of 2024 In Civil Writ Jurisdiction Case No.12058 of 2021 ====================================================== Kalawati Devi Wife of Late Ramashankar Bhagat @ Ramashankar Kushwaha, resident of village - Rasauti Dharhara, P.S. - Kataiya, District- Gopalganj, Bihar. ... ... Appellant/s Versus 1. The State of Bihar through the Secretary, Minor Irrigation Department, Bihar, Patna. 2. The Secretary, Minor Irrigation Department, Bihar, Patna. 3. The Executive Engineer, Minor Irrigation Division, Gopalganj. 4. The Accountant General (A and E), Patna, Bihar. 5. Sarswati Devi, Wife of Late Ramashankar Bhagat @ Ramashankar Kushwaha, residetn of village - Rasauti Dharhara, P.S. - Kataiya, District - Gopalganj, Bihar. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Avinash Kumar Singh, Advocate For the Respondent/s : Mr. Government Advocate 09 For the Resp. No. 5 : Mr. Rajiv Giri, Sr. Advocate Mr. Harsh Vardhan, Advocate Mr. Sonu Kumar, Advocate Mr. Harsh Raj, Advocate Mr. Rahul Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI and HONOURABLE MR. JUSTICE RANA VIKRAM SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI) 7 18-08-2026 This is an appeal challenging the order dated 09.10.2023 in C.W.J.C. No. 12058 of 2021. 2. Heard the parties and perused the impugned order. 3. The dispute, in the present matter, relates to the right of recipient of pensionary benefits of a deceased employee. 4. In the impugned order, the learned Single Judge Patna High Court L.P.A No.156 of 2024(7) dt.18-08-2026 2/2 held as hereunder:- “4. So far as retiral benefits which have not been paid to the deceased employee, the biological sons and daughters of the deceased employee are entitled for the same in accordance with several circulars and guidelines of the State Government and the law laid down by the Apex Court in case of Rameshwari Devi v. The State of Bihar & Ors. reported in (2000) 2 SCC 431. 5. The concerned respondent is directed to forthwith verify about the biological sons and daughters, who have taken birth out of cohabitation from two wives of the deceased employee and make payment of retiral benefits, which have not been paid to the deceased employee to be distributed, in equal share, among the biological sons and daughters of the deceased employee, in accordance with the government circulars, and the law laid down by the Apex Court within a period of six weeks from the date of communication of this order.” 5. In view of such direction, we do not find any merit in the instant appeal and the same is, accordingly, dismissed. Smriti/ Saurabh/- (Bibek Chaudhuri, J) (Rana Vikram Singh, J) U