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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
M.K.THAKKER
Jigesh Harikrushna Patel – Appellant
Versus
Asstt. P.F. Commissioner – Respondent
| Table of Content |
|---|
| 1. challenge to non-granting of nominee pension (Para 1 , 2) |
| 2. arguments on nomination and divorce decree (Para 4) |
| 3. counterarguments on family pension eligibility (Para 5) |
| 4. court's analysis on pension rights (Para 6) |
| 5. dismissal of the petition (Para 7) |
JUDGMENT :
M.K. THAKKER, J.
1. The present petition is filed under Article 226 of the Constitution of India, thereby challenging the action of the respondent - Authority for not granting the benefit of nominee pension and asking the petitioner to submit the request to confirm the signature of the deceased member in Form No.2 as well as also asking the petitioner to produce the divorce decree issued by the competent Court of law in support of the deceased member being a divorcee.
2. It is the case of the present petitioner that the petitioner's uncle (Mama), namely, Pravinbhai Mangalbhai Patel, was born on 18.10.1960 and expired on 02.11.2018. The uncle was in the service with M/s. Mafatlal Industires, Mill Road, Nadiad at Kheda on 01.11.1990, he gave his resignation on 31.10.2017 after serving for more than 27 years. Pravinbhai Mangalbhai Patel’s father expired on 05.06.1990 and his mother expired on 07.05.2017. The un
The definition of 'family' in the Employees' Pension Scheme excludes the petitioner's claim for pension as he does not fall under eligible dependents, requiring documented marital proof.
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.
Under the Gujarat Pension Rules, the legally wedded wife of a male government employee is entitled to family pension despite any erroneous nomination by the employee prioritizing someone else.
Children born from void and voidable marriages are considered legitimate under Section 16 of the Hindu Marriage Act, and thus entitled to rights in the estate of their parents, including family pensi....
Family pension is a statutory entitlement of the legally wedded spouse and cannot be revoked by the employee's unilateral actions, as affirmed by the court.
The nominee's entitlement to family pension is upheld, but disputes regarding marital status must be resolved in civil court.
The validity of a marriage under the Tamil Nadu Pension Rules and Section 5(i) of the Hindu Marriage Act, 1955, and its impact on entitlement to family pension.
Service Law – Family Pension - Family pension can be granted to divorced daughter in case where divorce proceedings have been filed in a competent Court during life time of employee – pensioner and d....
Disputes over family pension nominee status must be adjudicated in civil court, not through writ petitions.
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