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IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI
AJOY KUMAR MUKHERJEE
Tarulata Dakua – Appellant
Versus
Additional Treasury Officer, Tufanganj – Respondent
JUDGMENT :
Ajoy Kumar Mukherjee, J.
1. This second appeal has been preferred challenging the decree dated 06.09.2019 passed by learned Additional District Judge, Tufunganj in connection with Title Appeal no. 1 of 2018 arising out of judgment and decree dated 22/12/2017 passed by learned Civil Judge(Junior Division) Tufanganj in connection with T.S no. 12 of 2017.
2. Plaintiffs’ case in a nutshell is that plaintiff no. 1 Tarulata Dakua was married to deceased Harendra Nath Dakua in 1986 and after marriage plaintiff no. 1 started residing with her aforesaid husband. Due to such wedlock one daughter namely plaintiff no. 2 and one son namely plaintiff no. 3 were born. Said Harendra Nath Dakua was employed as a constable under West Bengal police department and while he was in service he died on 1st may 2006. On his death the plaintiffs being the legal heir of said deceased Harendra Nath Dakua and plaintiff no. 1 being the guardian of plaintiff no. 2 and 3, applied before the Additional treasury officer Tufunganj for pension and death benefits but the said officer by his memo dated 03/10/2007,informed the plaintiffs that no payment can be made in their favour as the authority of the P.P.O h
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 ....
The reliance on additional evidence not properly admitted constitutes a reversible error, thus restoring the trial court's ruling on marital status and service benefits.
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 nomination in the service register and the sufficiency of evidence to prove marriage were the central legal points established in the judgment.
Marriage – Proof of - while defining the word 'solemnize' in connection with a marriage under the Hindu Marriage Act, held inter alia, that word 'solemnize' means in connection with a marriage, 'to c....
Pension Benefits of - Legal heirs - Even if a Government servant has contracted a second marriage during subsistence of his first marriage, the children born out of such a second marriage would still....
A second marriage during the subsistence of a first marriage is void, and nomination does not confer legal heir status.
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