HEM KUMARI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner is a widow of Late Tejilal who was working under the Director General, Army Ordnance Crops, New Delhi, as Soobedar attained the age of superannuation on 30-6-1984. He was getting his pension till June, 2002. As misfortune would have it he breathed his last on 8-7-2002. After the death of her husband she intimated this aspect to the Senior Record Officer, Army Ordnance Crops Record, the respondent No. 3 herein in August, 2002. He fulfilled all formalities that were necessary for family pension. When the matters stood thus on 23-7-2003 the Competent Authority sent a letter indicating that the petitioner was not entitled to the family pension.

(2.) ACCORDING to the writ petition her husband Late Tejilal has severed his connection with his first wife Smt. Saraswati Bai who had remarried to another person, namely, Narayan Prasad and intimation thereof had already been given to the Chief Ordnance Officer, Depot Talegaon, Dabhadi by the Secretary, Zila Sainik Board, Chhindwara vide letter dated 10-8-79. The said letter has been brought on record as Annexure P-2. After such communication said Tejilal had entered into wedlock with the petitioner and an affidavit thereof was filed before the respondent No. 3 on 9-6-80. As pleaded, the said Tejilal had nominated the petitioner to receive the arrears of pension as per Annexure P-4. The identity card has been issued in favour of the petitioner by District Sainik Welfare Officer which shows that the petitioner is widow of Late Tejilal. There has been admission by the respondent No. 3 on 27-9-2002 that she was nominated by Late Tejilal as heir to receive the family pension as per Annexure P-6. Accordingly, the retiral benefits were given to the petitioner by the respondent No. 3. It is contended that despite nomination to get the family pension by husband there has been no objection for almost two decades and hence, the rejection of prayer for grant of family pension is arbitrary and unsustainable. It is the further case of the petitioner Late Tejilal belong to the Scheduled Caste and the marital relations could be severed by "natara". That apart, first wife of Tejilal married another person, namely, Narayan Prasad Yadav. Stating these fact a prayer has been made to issue direction to the respondents to pay family pension with interest to the petitioner.

(3.) I have heard Mr. Hemant Shrivastava and Mr. Jagdish Sakle, learned Counsel for the petitioner and Mr. Dharmendra Sharma, Standing Counsel for Union of India and its functionaries.