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PUSHPENDRA SINGH BHATI
Anchi Devi – Appellant
Versus
State – Respondent
ORDER :
(Pushpendra Singh Bhati, J.)
This writ petition has been preferred under Article 226 of the Constitution of India claiming the following reliefs:
1 The respondent's authorities may kindly be directed to grant family pension to the petitioner on account of death of late Shri. Bhanu Lal Bheel and make payments of the arrears of family pension and other dues or benefits to the petitioner as per rules and also to make payment of interest on the amount of the arrears of the family pension to the petitioner.
2 The respondent department may kindly be directed to make family pension to the petitioner in accordance with new pay commission with all the benefits.
3 Any other order in the favour and welfare of the present petitioner may kindly be passed."
2. As per the pleaded facts, the present petitioner, was the wife of Late Shri. Bhanu Lal who had retired from the post of Pump Driver-II, working in the office of respondent no.3, in the year 2001 and a P.P.O. bearing No. 433195 was issued on 26.03.2002 in his favour; simultaneously a Form-A with regard to nominee wa
Dependents of deceased employees are entitled to family pension, and failure to grant it without justifiable reason is discriminatory.
The main legal point established in the judgment is that the ground taken by the respondents to deny the benefit of family pension to the petitioner was factually incorrect, arbitrary, and illegal, a....
The court affirmed that a legally wedded spouse has a vested right to family pension, which cannot be denied contrary to a binding legal award.
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.
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.
Disputes over family pension nominee status must be adjudicated in civil court, not through writ petitions.
A legally wedded spouse post-divorce is entitled to family pension, and payments cannot be stopped without valid legal grounds.
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