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SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Rajesh – Appellant
Versus
Union of India – Respondent
JUDGMENT (Oral)
1. Vide the present writ petition, petitioner is seeking directions to respondents to grant the payment of family pension in her favour.
2. Learned counsel for respondents, who is appearing on advance notice, has drawn the attention of this Court to para 5 of order dated 02.07.2007 passed by a Co-ordinate Bench of this Court. The said para is reproduced as under:
"5. In the circumstances, therefore, and keeping in view the submissions made at the bar, we see no reason why the respondents should not examine and expeditiously process the claim for payment of family pension in favour of petitioner no. 1 who is the lawfully married wife of the deceased Subedar Bani Singh. Insofar as the claim made by petitioner no. 2 is concerned, Mr. Kauntao counsel appearing for the said petitioner fairly conceded that since a question mark has been put on the legitimacy of the second marriage, the claim made by her for payment of pension may be taken as not pressed. He, however, sought liberty for petitioner no. 2 to make a claim on behalf of her minor children for grant of pensionary benefits which claim, the respondents shall examine and suitably dispose of in accordance with the
A petitioner who has foregone all claims and is not entitled to the relief sought cannot maintain the petition.
A second wife is not entitled to family pension benefits if the first wife is alive, but the son of the second wife is eligible for family pension until the age of 25.
Pensionary benefits cannot be subject to testamentary disposition.
Unchallenged civil court declaration of legal wedlock binds employer-participant via estoppel and res judicata for family pension, overriding non-notification under pension rules.
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