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.

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.

3. It is expedient to refer the parties as they are originally arrayed in the suit so as to avoid any confusion and for better understanding of the matter.

4. The factual matrix, necessary and germane for adjudicating the contentions, issues between the parties inter se may be stated as follows:

(i) The plaintiff is the legally wedded wife of late Remani Venkata Sitarama Sastry. The marriage took place in May, 1959. She was neglected and abandoned by her husband when she was constrained to file O.S.No.44 of 1971, on the file of Sub-Court, Eluru, for arrears and future maintenance. The said suit was compromised and a compromise decree was passed on 10.03.1975. The husband of the plaintiff, late Remani Venkata Sitarama Sastry worked as a Teacher (Maths B.Ed., Assistant) in Zilla Parishad High School at Tadepalligudem. He used to pay the maintenance as per the compromise decree to the plaintiff. The marriage between the plaintiff and late Remani Venkata Sitarama Sastry was not dissolved by any decree of a Court of competent jurisdiction and the marriage is subsisting.

ii) The plaintiff expected that the gratuity, provide fund and other benefits payable consequent on the death of her husband to be paid to her, she being the sole legal heir. To her surprise, she came to know that one Krishnaveni i.e., 5^th defendant clandestinely claimed Provident Fund, Gratuity and Pension under Pension Code No.20-GOF-892 and other amounts payable on the death of the plaintiff’s husband styling herself as the widow of late Remani Venkata Sitarama Sastry by producing false certificates with the connivance of defendant Nos.1 to 4. It is the primary duty of defendant Nos.1 to 4 to insist a Succession Certificate at least when there are disputes relating to the claims. Defendant Nos.1 to 4 illegally and by their own acts of negligence, paid the amounts to the 5^th defendant colluding with her. The alleged payments by defendant Nos.1 to 4 to an unauthorized person does not bind on the plaintiff. Krishnaveni i.e., 5^th defendant, who is styling herself as Remani Krishnaveni, is not the legally wedded wife of late Remani Venkata Sitarama Sastry and there was no marriage, much less legally wedded marriage between 5^th defendant and plaintiff’s husband. Even if there is any marriage, the marriage is illegal, bigamous and does not bind the rights of the plaintiff in the properties of late Remani Venkata Sitarama Sastry.

(iii) The plaintiff is entitled to receive Gratuity amount of Rs.36,000/-, Provident Fund amount of Rs.16,109/-, Family Pension of Rs.1,070/- per month from 08.12.1988 and also a sum of Rs.45,000/- payable under the Group Insurance Scheme. All the amounts have to be paid by defendant Nos.1 to 4.

(iv) Late Remani Venkata Sitarama Sastry possessed immovable properties and oth