IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
VENUTHURUMALLI GOPALA KRISHNA RAO
R. Satyavathi – Appellant
Versus
Zilla Praja Parishad W G Dist – Respondent
JUDGMENT :
VENUTHURUMALLI GOPALA KRISHNA RAO, J.
The A.S. No.1474 of 1998 is filed by plaintiff against the Decree and Judgment, dated 16.03.1998, passed in O.S. No.11 of 1991, on the file of the Senior Civil Judge, Tadepalligudem. The A.S.No.1692 of 1998 is filed by the defendant Nos.5 to 8 against the Decree and Judgment, dated 16.03.1998, passed in O.S. No.11 of 1991, on the file of the Senior Civil Judge, Tadepalligudem. Both the appeals are filed against the judgment passed in O.S.No.11 of 1991, on the file of the Senior Civil Judge, Tadepalligudem. The suit in O.S.No.11 of 1991 on the file of the Senior Civil Judge, Tadepalligudem is filed by the plaintiff for declaration that the plaintiff is entitled for a family pension for the suit amount of Rs.1,37,555/- and directing the defendant Nos.1 to 4 to pay family pension of Rs.1,070/- every month by a particular date and in default to pay the same with interest at 12% per annum till payment and for costs.
2. Both the appeals are filed against the judgment, dated 16.03.1998, passed in O.S. No.11 of 1991, on the file of the Senior Civil Judge, Tadepalligudem, they are heard together and are being disposed of by this common judgment.
The court affirmed that benefits under Provident Fund and Gratuity are payable only to the legally wedded wife, and a valid Will can determine the distribution of such benefits.
The legally wedded wife is entitled to family pension and terminal benefits, while children from both marriages share equally in the estate.
The entitlement of a divorced daughter to a share of the family pension under the Central Civil Services (Pension) Rules, 1972 and relevant office memorandums.
The legal effect of nominations in service records does not confer ownership or override the legal marital status established, as jurisdiction of Family Court extends to marital conflict resolutions.
The court affirmed that a widow, despite her marriage being void due to the subsistence of the husband's first marriage, is entitled to compassionate appointment and benefits as the deceased's nomine....
Point of la w: scheme of payment of pension in the order of priority to the members of the family is framed by the legislature keeping in mind the overall welfare of the family of deceased government....
The court established that the entitlement to family pension benefits is governed by the Karnataka Government Servants (Family Pension) Rules, 1964, which prioritize the spouse and minor children of ....
In the absence of any special Rules to the contrary, the nominations referred to under Rule 143 of the Assam (Services) Pension Rules, 1969 will be applicable.
Point of Law : In the absence of any sanction in law, such action by a public authority like APDCL cannot be accepted to be legally valid.
On death of legally wedded wife, who is not survived by any child eligible to receive pension, share of family pension to her stream would not lapse, but would be payable to eligible children from ot....
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