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2026 DAILYLAW 29602 (PAT)

Anjila Begum @ Anjila v. The State of Bihar

CWJC/11299/2026 · 2026-08-17

Purnendu Singh

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11299 of 2026 ====================================================== Anjila Begum @ Anjila wife of Late Md. Anwarul Haque, Resident of Village- Handibhasa P.O- Kochadhaman Police Station- Kochadhaman and District- Kishanganj ... ... Petitioner/s Versus 1. The State of Bihar through the Principal Secretary, General Administration Department Govt. of Bihar, Patna. 2. The Accountant General (A and E), Government of Bihar, Patna. 3. The Senior Accountant Officer, Bihar, Patna. 4. The District Magistrate, Kishanganj. 5. The Block Development Officer, Dighalbank, Kishanganj. 6. The Treasury Officer, Kishanganj. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Dilip Kumar Singh, Advocate. For the State : Mr. Jai Prabhat Kishore, AC to SC-13. For AG Bihar : Mrs. Nivedita Nirvikar, Sr. Advocate. Mr. Amar Shakti, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 2 17-08-2026 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:- “i. For issuance of an appropriate Writ /Writs/Order/ Orders/Direction/Directions particularly in the nature of a Writ of Mandamus directing the respondents authorities to enter the name of the petitioner in pension payment order (P.P.O.) No. 280994 in which the name of the first wife Badrun Nisha has been entered as wife of Anwarul Haque and after the death of the said wife Anwarul Haque married the petitioner on 10-05-2002 but the name of the petitioner has not been entered as wife in P.P.O and as such the family pension is not being paid to the petitioner after the death of Md. Anwarul Haque and Patna High Court CWJC No.11299 of 2026(2) dt.17-08-2026 2/4 further prayer is to direct the respondents to pay the family pension to the petitioner from the date of death of said Md. Anwarul Haque, the husband of the petitioner, in the light of the direction/observation given by this Hon'ble High Court in C.W.J.C. No. 335 of 2014 dated 05-09-2014.” 3. Learned counsel appearing on behalf of the petitioner submitted that the first wife of the deceased employee has already died on 14.06.2000 and subsequent to that her husband also died on 14.09.2010 and before that the petitioner got married with the deceased employee which entitles her to claim family pension in accordance with the Mohammandan law and also several circulars and resolution of the State Government. He further submitted that the Accountant General, Bihar has deliberately delayed the matter in respect of the petitioner who is the second wife of the deceased employee. 4. Mr. Amar Shakti, learned counsel tendering his appearance on behalf of the Accountant General, Bihar informs this Court that today he has received instruction from the Office of the Accountant General, Bihar that the Accountant General, Bihar had sought a clarification vide letter dated 04.02.2026 from the Block Development Officer, Dighalbank, Kishanganj – respondent no.5 and in absence of such clarification having been made by the Block Development Officer, no delay can be attributed to the Office of the Accountant General, Bihar. 5. Mr. Jai Prabhat Kishore, learned counsel appearing Patna High Court CWJC No.11299 of 2026(2) dt.17-08-2026 3/4 on behalf of the State informs that the several circulars of the State Government, as well as, the law laid down by the Hon’ble Supreme Court entitles Mohammadan male to marry with four wives and it has been clarified that all the four wives as per the Mohammandan law are entitled equal share in the family pension and the retiral benefits of the deceased employee. In the present case, first wife of the deceased employee is pre- deceased and after her death the deceased employee had married with the petitioner and now the petitioner becomes entitled for family pension in accordance with the Mohammandan law. 6. Heard the parties. 7. The Accountant General, Bihar is directed to forthwith act upon the sanction letter contained in Annexure P/9 issued by the Block Development Officer, Dighalbank, Kishanganj and issue revised PPO in favour of the petitioner so that action can be taken by the Treasury Officer, Kishanganj for crediting the amount of family pension into the account of the petitioner along with arrears as well as statutory interest incurred thereupon. 8. In case of failure in making payment to the petitioner, the petitioner is at liberty to take appropriate legal action against the erring respondents. Patna High Court CWJC No.11299 of 2026(2) dt.17-08-2026 4/4 9. The writ petition, accordingly, stands disposed of. mantreshwar/- (Purnendu Singh, J) U