IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11185 of 2026 ====================================================== Usha Devi Wife of Late Shailendra Kumar, Resident of Village- Bhadas South, Ward No- 05, PS- Gangaur, District- Khagaria, Bihar. ... ... Petitioner/s Versus 1. The State of Bihar through the Additional Chief Secretary, Health Department, Govt. of Bihar, Patna. 2. The Accountant General (A and E), Bihar, Patna. 3. The Civil Surgeon- Cum Chief Medical Officer, Khagaria. 4. The District Treasury Officer, Khagaria. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mrs.Seema Kumari, Advocate. For the State : Standing Counsel (28) For AG Bihar : Dr. Anand Kumar, Advocate. Ms. Vijeta Kumari, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 2 18-08-2026 Heard learned counsel for the parties. 2. The petitioner in paragraph no. 1 of the present writ petition has sought, inter alia, following relief(s), which is reproduced hereinafter:- “That this writ application in the nature of Mandamus is being filed for directing the respondents to start the monthly pension to the petitioner in lieu of the deceased pensioner husband Namely Late Shailendra Kumar bearing Pension Payment Order No- 201811041295 and Record ID No- PEN230218040547 in the office of the Respondent No-2, who were getting monthly pension in the Joint A/C No-11068179920 in the name Shailendra Kumar & Usha Devi in the State Bank of India Brach, Khagaria. (i) This writ application is also being filed for directing the respondents to pay the dues/arrears of the pension to the petitioner. (ii) This writ application is also being filed for in name direction to the respondents not to sit, over the matter of the petitioner to get the monthly pension benefit against the death of the deceased pensioner husband. (iii) The writ application is also being filed for other relief/reliefs for which found entitled.” 3. Learned counsel appearing on behalf of the Patna High Court CWJC No.11185 of 2026(2) dt.18-08-2026 2/3 petitioner submitted that the deceased employee, namely, Late Shailendra Kumar, who is the husband of the petitioner retired from service on 31.10.2017 and died on 25.01.2025, leaving behind the petitioner who is the first wife of the deceased employee and is entitled to family pension after the death of her husband. The petitioner has brought on record the Pension Payment Order No. 201811041295 issued by the Accountant General Bihar in favour of the deceased employee late Shailendra Kuamr. Learned counsel further submitted that her husband was not married to any other lady and any other lady who claims to be second wife of her husband will not disentitle the petitioner who is the legally wedded wife of the deceased employee. 4. From perusal of the Pension Payment Order No. 201811041295 issued by the Accountant General, Bihar in favour of the deceased employee, it appears that the claim of the petitioner finds support from it, particularly from the photograph of the petitioner affixed on it. This Court finds that the disputed question of fact cannot be adjudicated in the writ jurisdiction. 5. The Civil Surgeon cum Chief Medical Officer, Khagaria is directed to call for the service particulars of late Patna High Court CWJC No.11185 of 2026(2) dt.18-08-2026 3/3 Shailendra Kumar who retired from the post of non medical assistant and who after retirement was receiving pension. The petitioner has been able to bring on record the Pension Payment Order No. 201811041295 issued by the Accountant General Bihar which finds the photograph of the petitioner along with her husband late Shailendra Kumar. 6. In case, it is found that the petitioner is the first wife of late Shailendra Kumar, she becomes entitled for the family pension. Specific finding should be given on the basis of the Bihar Pension Rules and several circulars and resolution of the State government in respect of entitlement of second wife for family pension considering the fact that polygamy is not applicable under Hindu Marriage Act, 1955. A reasoned order must be passed well within a period of three weeks after giving due opportunity of hearing to all the parties without any further delay. 7. With the aforesaid observation and direction, the writ petition stands disposed of. mantreshwar/- (Purnendu Singh, J) U