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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 :
1. By way of the present writ petition preferred under Article 226 of the Constitution of India, the petitioner has challenged the communications dated 07.06.2016, 11.06.2016, 15.07.2017 and 21.03.2018, whereby the respondents have asked the petitioner to furnish a succession certificate, if she wants to get family pension in lieu of services, which her husband-Late Shri Manjeet Singh (hereinafter referred to as ‘deceased government servant’) had rendered with Union of India.
2. The petitioner has also prayed that the respondents be directed to give compassionate appointment to her, as per criteria prescribed.
3. The needful facts are that petitioner’s husband-Manjeet Singh was appointed as Constable (GD) on 07.07.2012. At t
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.
Family pension claims cannot be contingent on a testamentary disposition; entitlement is based on recognized marital status and official dependency designations, without requiring succession certific....
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.
Unchallenged civil court declaration of legal wedlock binds employer-participant via estoppel and res judicata for family pension, overriding non-notification under pension rules.
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.
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