SMT. ARATI JOSHI AND ORS Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) After having heard the learned counsel for the parties and having perused the material placed on record, this Court is clearly of the view that the instant writ petition at the present stage could only be said to be a premature one.

(2.) Shorn of unnecessary details, suffice it to the notice for the present purpose that the dispute herein relates to the pension and other terminal benefits to the family members of (Late) Shri Padam Kumar Joshi, who was serving with the respondents No. 1, 2 and 3 on the post of Sub Divisional Officer (P.H.E.) Shillong, and who expired on 07.09.2015. It is claimed in the writ petition that the petitioner No. 1 has been the legally wedded wife of (Late) Padam Kumar Joshi and the petitioners No. 2 and 3 are the daughters born out of their wedlock. It is, of course, submitted in the writ petition that the said (Late) Padam Kumar Joshi had deserted the petitioner No. 1 in the year 1994 but, according to the petitioners, they are the rightful claimants to the terminal benefits arising out of his service. The petitioners No. 2 and 3 are said to be residing away from Shillong and have allegedly executed authorisation letter in favour of the petitioner No. 1, their mother. The respondent No. 4 herein is said to be the person with whom the husband of the petitioner No. 1 was living after allegedly deserting her.

(3.) The petitioner No. 1 has submitted that to her shock and dismay, she was informed by the respondent No. 2 that as per their records, she was divorced by her husband and a copy of the decree of Divorce dated 04.12.1996 in Divorce Suit No. 5 (T) 1996 was supplied to her. The petitioner No. 1 seeks to suggest that the decree was obtained by fraudulent methods and without any notice to her. It is also suggested in the writ petition that the respondents No. 2 and 3, taking advantage of such illegal decree of Divorce, may deprive the petitioners of the terminal benefits, including the family pension and Death Cum Retirement Gratuity.