- (1.) The special appeal has arisen from a judgment and order of the learned Single Judge dated 28 January, 2016 dismissing a writ petition filed by the appellant for the release of retiral dues payable in respect of the service rendered by her husband who was a Sub-Inspector in the State police. Ram Singh Baghel was a Sub-Inspector in the State police who died on 26 January, 2014. The appellant asserted her claim for the payment of family pension, gratuity, GPF and other benefits. A report was submitted by the Circle Officer, Fatehgarh to the Superintendent of Police. The report records that the appellant is the lawfully wedded spouse of the deceased employee. The Circle Officer noted that there was a subsequent marriage of the deceased employee with one Sushila Devi in 1983. The Circle Officer noted that a claim was also asserted by Rajwati who alleged that the deceased had entered into a wedlock in 2006. The Circle Officer recorded that between the appellant and Sushila Devi, there appears to be no dispute since they live together. Both the appellant and Sushila Devi controverted the claim of Rajwati on the ground that there was no valid marriage contracted with her. The Circle Officer in his report to the Superintendent of Police has stated that he had advised all the three claimants to seek recourse to the civil court.
(2.) Aggrieved, the appellant filed a writ petition seeking the following relief: "Issue a writ, order or direction in the nature of mandamus directing the respondents to release the family pension, gratuity, G.P.F. and others benefits immediately from the death of the petitioner husband in favour of the petitioner."
(3.) The learned Single Judge dismissed the writ petition on the ground that the report of the Circle Officer indicated that there were three claimants asserting to be the wives of the deceased employee and though the Circle Officer had tried to bring about a settlement, it had not been possible. Hence, on the ground that no writ or direction on disputed questions of fact can be issued for making payment to the appellant, the writ petition was dismissed.;