Judgment · High Court · 2011

Date of Order : 29th April, 2011. PRESENT HON'BLE MR. JUSTICE AJAY RASTOGI Mr. S.K. Jindal for the petitioner. Mr. B.S. Rajawat for the respondents. The instant writ petition has been filed by the widow who claims to be a legally wedded wife of deceased Krishna Kumar, who took voluntary retirement on 31.12.1986 and thereafter died on 30th October, 2005, claiming family pension. It has come on record that the deceased employee rendered qualifying service of 25 years 7 months and 12 days and it is evident from the Pension Payment Order Anne.1 placed on record and was getting his regular pension till his death i.e. upto October, 2005 and thereafter the widow has approached this court that she being legally wedded wife of the deceased government servant family pension may be paid to SBCWP No. 9578/07 Smt. Ram Pyari Vs. State & Ors. Order dt. 29.4.2011. 2 her. When the matter was examined, it revealed that in the service book of the deceased government servant, the name of his wife who was shown to be his nominee was Smt.

Urmina Bai who died way back on 14th of August, 1990 and the deceased employee never applied for change of his nominee at later point of time and there is nothing on record available in the office of the respondents which may indicate that the petitioner at any point of time has recorded as wife of the deceased government servant and taking note thereof the family pension was denied to her. Counsel for the petitioner submits that after death of Smt. Urmila Bai the deceased employee married with the present petitioner and she is a legally wedded wife of the deceased government servant and became entitled for family pension. After taking note of what has been recorded by the respondents evident from Annex. R/1, there is no material on the service which could indicate that the petitioner ever brought on service SBCWP No. 9578/07 Smt. Ram Pyari Vs. State & Ors. Order dt. 29.4.2011. 3 record maintained by the respondents as wife of the deceased government servant in absence whereof certainly the respondents cannot be held to be arbitrary in taking decision not to grant family pension to her.

To claim that the petitioner is a legally wedded wife and entitled for family pension of the deceased government servant, she has either to obtain a succession certificate or to avail any other remedy available under the law but in absence whereof no relief in the facts of the instant can can be granted to her within the scope of equitable jurisdiction of this court under Article 226 of the Constitution of India. Consequently the writ petition is dismissed. However, the petitioner is always at liberty to avail the remedy available under the law and it will be open for the respondents to consider her case afresh thereafter in accordance with law. MRG. (AJAY RASTOGI ), J.