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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
Dinesh Mehta, J
Suman – Appellant
Versus
Uinion of India – Respondent
| Table of Content |
|---|
| 1. fir lodged by petitioner (Para 11) |
| 2. insistence on succession certificate (Para 12 , 13) |
| 3. petitioner's right to family pension (Para 14 , 15 , 16) |
| 4. analysis of marriage and nomination (Para 17) |
| 5. compromise agreement with in-laws (Para 18 , 19) |
| 6. petitioner's attempts to obtain pension (Para 20 , 21) |
| 7. court's ruling on pension entitlement (Para 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29) |
| 8. writ petition allowed (Para 30 , 31 , 32 , 33 , 34) |
Order :
2. The petitioner has also prayed that the respondents be directed to give compassionate appointment to her, as per criteria prescribed.
4. Manjeet Singh, then married to the petitioner on 14.01.2013 and within less than two years, he passed away in a road accident on 14.02.2015.
6. As per the facts asserted, the petitioner had lodged an FIR (FIR No. 10/2016) alleging offences under sections 498-A, 406, 323 and 354 of Indian Penal Code.
8. The relevant part of the compromise reads thus:-
9. The petitioner, thereafter, moved an application dated 07.10.2016 and requested the Director General of Border Security Force for payment of family pension to her. Alongwith the application, the petitioner had produced various documents inc
The legally wedded wife of a deceased government servant is entitled to family pension, overriding prior nominations, and a succession certificate is not required for such claims.
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.
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 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 court established that procedural technicalities should not obstruct the substantive rights of illiterate individuals in claiming family pensions.
Dependents of deceased employees are entitled to family pension, and failure to grant it without justifiable reason is discriminatory.
The nominee's entitlement to family pension is upheld, but disputes regarding marital status must be resolved in civil court.
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