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PURNENDU SINGH
Ganga Ram Paswan – Appellant
Versus
Chairman, Bihar State Electricity Board, Vidyut Bhawan, Patna – Respondent
Purnendu Singh, J.—Heard Mr. Nirbhay Prashant, learned counsel appearing on behalf of the petitioner and Mr. Vinay Kirti Singh, learned senior counsel appearing on behalf of the respondent - Bihar State Electricity Board.
2. In the present writ petition, petitioner has prayed for the following relief(s):—
“i. that to issue an appropriate writs, order/s, order/s or direction/s in the nature of certiorari to quash the order dated 28.08.2005 and order dated 15.02.2016 whereby and whereunder the claim of the pension was negated by the Bihar State Electricity Board (here-in-after referred as the Board).
ii. that to issue an appropriate writ/s, orders/s or direction/s in the nature of mandamus to the respondents to pay family pension to the petitioner as early as possible and to pay the same to petitioner on month to month basis.
iii. that any other releif or reliefs for which the petitioner be found entitled in law be granted to him.”
3. Brief facts of the case are that one Mrs. Prema Devi (deceased) was earlier married to Ram Prakash Chaudhary, an employee of the respondent Board and he died on 30.04.1993 in harness and therefore, his widow, Mrs. Prema Devi was appointed as Class-IV employe
Family pension payable to legal representative of deceased does not need a Succession Certificate, even if it were a debt belonging to deceased – Family pension is an independent claim and cannot be ....
Family pension claims cannot be contingent on a testamentary disposition; entitlement is based on recognized marital status and official dependency designations, without requiring succession certific....
Pension benefits cannot be adjudicated through writ jurisdiction in the presence of competing marriage claims; a definitive legal spouse must be established in civil court settings.
Denial of family pension cannot be justified without clear evidence of marriage validation, as admissions and supporting documentation must be duly considered.
Unchallenged civil court declaration of legal wedlock binds employer-participant via estoppel and res judicata for family pension, overriding non-notification under pension rules.
The court established that procedural technicalities should not obstruct the substantive rights of illiterate individuals in claiming family pensions.
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.
A second wife cannot claim family pension benefits unless she can prove her legal marriage to the deceased employee, as the definition of 'widow' under the CCS (Pension) Rules, 1972, requires legal r....
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