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SANJAY KUMAR MEDHI
Tinku Das, Widow Of Lt. Ranjit Das – Appellant
Versus
State Of Assam, rep. By The Comm. And Secy. To The Govt. Of Assam, Health And Family Welfare Deptt. – Respondent
JUDGMENT :
(Sanjay Kumar Medhi, J.) :
The claim for family pension is the subject matter of dispute in this petition filed under Article 226 of the Constitution of India. As per the facts projected, the petitioner no. 1 is the wife of one Ranjit Das, who was working as Superintendent in the Assam Public Service Commission (APSC). The petitioner nos. 2 and 3 are the daughters. The husband of the petitioner no. 1 had taken voluntary retirement in the year 1992 and was getting the pension. The said Ranjit Das expired on 02.05.2019 and accordingly, the petitioners had submitted a representation for payment of family pension and other benefits. However, such family pension and other retirement benefits were not released to the petitioners and therefore the present writ petition has been filed.
2. I have heard Shri AR Shome, learned counsel for the petitioners. I have also heard Shri TJ Mahanta, learned Senior Counsel assisted by Ms. P. Sarma, learned counsel for the APSC; Ms. S. Sarma, learned Standing Counsel, Health & Family Welfare Department and Shri D. Nandi, learned counsel for the private respondent no. 10.
3. Shri Shome, learned counsel for the petitioners has submitted that ther
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....
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.
The first wife is entitled to family pension under Hindu law, as a second marriage during subsistence is void, and any contrary affidavit cannot override her legal rights.
On death of legally wedded wife, who is not survived by any child eligible to receive pension, share of family pension to her stream would not lapse, but would be payable to eligible children from ot....
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.
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