JUDGMENT :

1. The matter has been heard through video conferencing with the consent of the learned counsel for the parties. They have no complaint about any audio and visual connectivity.

2. The is an appeal under Clause 10 of the Letter Patent directed against the order/judgment dated 14.09.2018 passed by learned Single Judge in W.P.(S) No.517 of 2018 whereby and whereunder the direction sought for upon the State respondent for payment of death-cum-retiral benefits to the writ-petitioner (widow of Late Sunil Kumar) has been denied.

3. At the outset, it requires to refer herein that the instant appeal since was barred by limitation, as such, taking into consideration the ground for condonation of delay of 08 days by way of an interlocutory application filed under Section 5 of the Limitation Act, this Court, vide order dated 04.03.2020 had allowed the interlocutory application being I.A. No.3110 of 2019.

4. This Court before proceeding with the legality and propriety of the impugned order, deem it fit and proper to refer certain factual aspects, which are enumerated as under :

The case of the appellant/writ-petitioner before the writ Court was that, her husband, namely, Late Sunil Kumar, while working as Assistant Engineer, Minor Irrigation Division, Gumla died on 09.10.2009 leaving behind his widow, i.e., the writ-petitioner, and two minor sons in very suspicious conditions and hence, first information report was lodged before the police station in the district of Gumla.

The writ-petitioner approached to the authority for disbursement of post-death benefit of her husband but the same having not been considered, approached to the writ Court inter alia on the ground that since she is widow of the deceased employee, namely, Sunil Kumar, as such, as per the pension rule applicable she is entitled to get the post-death benefits including family pension.

The State-respondent appeared and made opposition to the same on two grounds, firstly, one matrimonial title suit being Matrimonial Title Suit No.192 of 2008 for divorce having been filed by the husband, secondly, since the FIR was instituted levelling allegation therein about alleged involvement of the writ-petitioner in commission of murder of her husband, however, in the criminal case, the writ-petitioner has been acquitted by the judgment passed by the competent court of criminal jurisdiction which according to the State respondent since was not clean acquittal, as such, the writ-petitioner is not entitled to get family pension as well as the post-death retiral benefits.

The learned Single Judge after appreciating the rival submissions agitated on behalf of the parties and also considering the fact that a succession certificate case was instituted by the writ-petitioner being Succession Certificate Case No.01 of 2011 as such no relief was granted pertaining to disbursement of the family pension and post-death benefit in favour of the writ-petitioner, which is the subject matter of the instant intra-court appeal.

5. Learned counsel for the writ-petitioner has agitated the ground that merely on account of pendency of the matrimonial title suit being Matrimonial Title Suit No.192 of 2008 which had been filed by the deceased husband and before conclusion, since the deceased husband of the writ-petitioner died, therefore, in absence of any conclusive finding by the matrimonial court, the marriage in between the writ-petitioner and deceased husband will be said to be surviving one and so long as the marriage in between them is surviving, the writ-petitioner will be said to be the legally wedded wife of the deceased husband and in that view of the matter, she is entitled to get the benefit of family pension as also the post-retiral benefits as per the provision of Rule 186 of the Pension Rules but without appreciating the this aspect of the matter, the learned Single Judge, on the ground of two sons, has refused to pass any positive direction and disposed of the writ petitioner ignoring the pro