Salil Kumar Rai, J. - (1.) Heard Shri Shivam Yadav, counsel for the petitioner and Ms.Rashmi Tripathi for respondent no.6 as well as the counsel for respondent nos.1 to 4.
(2.) The petitioner is the daughter of one Shri (Late) V.P.Kapoor. The petitioner alleges that she is the divorced daughter of Shri (Late) V.P.Kapoor born from his first wife who had died before Shri V.P.Kapoor. Respondent no.6 is the second wife of Shri (Late) V.P. Kapoor. Shri V.P. Kapoor served in the defence (M.E.S) services and retired on 31.7.1995. Shri V.P. Kapoor died on 7.9.2013. During his life time, Shri V.P. Kapoor had instituted Suit No.868 of 1984 seeking divorce from respondent no.6 but the said case remained pending till the death of Shri V.P.Kapoor and no decree of divorce was granted in favour of Shri V.P.Kapoor in the aforesaid case. However, because of the estranged relations between Shri V.P.Kapoor and respondent no. 6, Shri V.P.Kapoor nominated the petitioner for family pension and the name of respondent no.6 was not recorded as nominee in the official service records of Shri V.P.Kapoor.
(3.) After the death of Shri V.P.Kapoor, the petitioner and respondent no.6 both filed applications claiming the family pension of Shri (Late) V.P.Kapoor. The respondent nos.1 to 4 relying on the fact that Shri V.P.Kapoor had nominated the petitioner for family pension and the fact that the petitioner alleged herself to be the divorced daughter of Shri V.P.Kapoor, granted family pension to the petitioner and no action was taken by the said respondents on the application filed by respondent no.6.;