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JYOTSNA REWAL DUA
Durgi Devi W/o Late Bhola Ram – Appellant
Versus
State of Himachal Pradesh, Through Secretary (Home) to The Government of Himachal Pradesh, Shimla-2 – Respondent


Advocates Appeared:
For the Petitioners:Mr. Sanjeev Bhushan, Senior Advocate With Mr. Rajesh Kumar, ADVOCATE
For the Respondents:MR. Narender Singh Thakur, Deputy Advocate General with Mr. Ram Lal Thakur, Assistant Advocate, General, for R-1 and R-2, Mr. Lokinder Pal Thakur, Senior Penal Counsel for R-3)

ORDER :

1. Petitioner’s claim is that she is second wife of deceased Bhola Ram, so she is entitled to family pension, more so, after the death of his first wife, who was recipient of the family pension.

2. The facts as submitted by learned Senior Counsel for the petitioner are that:-

2(i) The petitioner got married to Bhola Ram in the year 1964. The marriage was solemnized as per customs and rituals prevailing in the area. Six children were born from this wedlock. Petitioner was not aware at the time of her marriage that Bhola Ram was already married and had a wife. She became aware of this fact much later.

2(ii) Bhola Ram superannuated in the year 1983. He died on 17.01.2002. Bhola Ram had nominated the petitioner in the official record for the purpose of family pension. However, claim for family pension was put forth by his first wife-Smt. Ramku Devi. The respondents conducted inquiry in the matter and came to the conclusion that Smt. Ramku Devi was the first and legally wedded wife of late Bhola Ram. On this basis, family pension was sanctioned and paid to Smt. Ramku Devi.

2(iii) The petitioner challenged the decision of the respondents in declining her the family pension by filing

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