- (1.) THIS writ petition has been preferred by the petitioner while claiming following reliefs: - "(1) It is, therefore, humbly prayed that the present writ petition may kindly be allowed and the respondents may kindly be directed to accord family pension to the petitioner. (2) That the respondents may further be directed to release the due amount of State Insurance in favour of the petitioner. (3) That the respondents may further be directed to release due gratuity amount in favour of the petitioner. (4) That the respondents may further be directed to release the due salary of husband of the petitioner which could not be drawn by him during his lifetime. (5) That the respondents may be directed to pay interest @ 18% per annum on the dues of petitioner as for no reason they have delayed the payment of huge amount for about 16 months. (6) Any other appropriate order or direction which this Hon'ble Court may deem just and proper may also be passed in favour of the petitioner. (7) Cost of the writ petition may also be awarded in favour of the petitioner."
(2.) THE case set up by the petitioner in this writ petition is that the husband of the petitioner late Bhawani Shankar was serving in the Education Department of the Government of Rajasthan as Teacher Grade III. He died while in service on 18.12.2005. It is contended by the petitioner that earlier her husband Bhawani Shankar was married with one Kamla in the year 1963 but divorced her in the year 1986 and a decree to this effect was issued by the District and Sessions Judge, Jodhpur on 21st of July, 1986. After the said divorce, petitioner got married with Bhawani Shankar on 21.10.1989 and, therefore, she is legally wedded wife of Bhawani Shankar and is entitled for benefits such as family pension, gratuity and amount of state insurance etc. belonging to her husband Bhawani Shankar. In reply to the writ petition, the respondents have denied the claim of the petitioner and contended that Anand Singh S/o late Bhawani Shankar also raised a claim regarding the benefits payable to the family of Bhawani Shankar after his death. It is also contended that the petitioner got married with late Bhawani Shankar in the year 1972 when she herself was married to one Vijay Singh and Bhawani Shankar was married to Smt. Kamla and, therefore, the marriage of the petitioner with Bhawani Shankar was not in accordance with law and she cannot be termed as legally wedded wife of late Shri Bhawani Shankar.
(3.) THE learned counsel for the petitioner has reiterated the grounds raised in the writ petition and has prayed that the relief sought for in the writ petition may be granted to her after declaring her legally wedded wife of late Bhawani Shankar. The learned counsel for the petitioner has further contended that in view of the marriage certificate dated 21st Oct., 1989 issued under Section 13 of the Special Marriage Act 1954, petitioner got married with late Bhawani Shankar in the year 1989 when he had already divorced his first wife in the year 1986 and her husband Vijay Singh was also not alive and, therefore, she is legally wedded wife of late Shri Bhawani Shankar and is entitled for all the benefits as prayed for in this writ petition.;