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Patna High Court Orders Family Pension for Second Wife Under Rule 23(2) of Bihar Conduct Rules

Target:UPSC GS-IIMPSCSSC GATeachingPrelims HighMains MediumStatic GK Link
01 Sept 2026
~2 min
Source: Indian Express
Key Data:Rule 23(2) of Bihar Government Service Conduct Rules, 1976Finance Department resolution September 6, 1996Application February 28, 1982Husband died April 17, 2009First wife died December 2009
Bodies:Patna High CourtBihar GovernmentFlood Control and Water Resources Department
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What This Article Covers

1.Justice Purnendu Singh quashed a 2019 order rejecting family pension to a second wife, citing non-consideration of the deceased employee's 1982 application seeking permission for second marriage.

2.The court invoked Rule 23(2) of Bihar Government Service Conduct Rules, 1976, which allows government to permit second marriage if personal law permits and grounds exist.

3.A 1996 Finance Department resolution disentitles second wife to pension but allows minor children's pension. The court directed fresh order considering the application and first wife's death.

The Big Picture
Prelims · HighMains · Medium

The Patna High Court has directed reconsideration of a second wife's family pension claim, emphasizing that long-standing marital relationship and six children cannot be ignored. The court faulted authorities for overlooking a 1982 permission application, applying Rule 23(2) of Bihar Government Service Conduct Rules, 1976. This judgment highlights the balance between service conduct rules and social reality.

Exam Lens

Quick Exam Facts From News

CourtPatna High Court (Justice Purnendu Singh)
Key RuleRule 23(2) of Bihar Government Service Conduct Rules, 1976
Resolution DateSeptember 6, 1996 (Finance Department)
Permission ApplicationFebruary 28, 1982
Husband DiedApril 17, 2009
First Wife DiedDecember 2009

1-Minute Revision

  • ›Court: Patna High Court (Justice Purnendu Singh)
  • ›Key Rule: Rule 23(2) of Bihar Government Service Conduct Rules, 1976
  • ›Target this Rule: Rule 23(2) of Bihar Government Service Conduct Rules, 1976
  • ›Target this Date: February 28, 1982 (permission application date)
  • ›Target this Resolution: Finance Department resolution dated September 6, 1996

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Practice exam-style questions, track your score, and strengthen your recall.

Q1Static LinkageEasy

Which rule of the Bihar Government Service Conduct Rules, 1976, was invoked by the Patna High Court in the family pension case?

Q2Statement-basedHard

Consider the following statements:

1. The Patna High Court directed the authorities to reconsider the family pension claim of the second wife because the husband had applied for permission for second marriage in 1982.

2. The Finance Department resolution of September 6, 1996, grants family pension to the second wife of a deceased government employee.

3. The first wife of the deceased employee died in December 2009.

Which of the statements given above is/are correct?

Q3Data-centricMedium

On which date did the deceased employee (husband) submit an application seeking permission for his second marriage?

Q4Application/ImpactMedium

What is the primary rationale behind the Patna High Court's decision to direct reconsideration of the second wife's family pension claim?

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