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HARSIMRAN SINGH SETHI
Savitri Devi – Appellant
Versus
Accountant General (A&E) Punjab – Respondent
| Table of Content |
|---|
| 1. application for condonation of delay. (Para 1 , 2) |
| 2. background of family pension claim. (Para 6 , 8 , 9 , 11) |
| 3. evidence supporting marriage claim. (Para 14 , 15) |
| 4. department's responsibility in marriage acknowledgment. (Para 16 , 17) |
| 5. legal determination of marriage affects pension claim. (Para 18 , 21) |
| 6. court ruling to award family pension. (Para 22 , 23 , 24) |
Judgment
Mr. Harsimran Singh Sethi, J. :-
CM-4892-C-2014
1. Present application has been filed for condonation of delay of 272 days in filing the appeal.
2. Notice of the application was given to the respondents on 26.05.2015.
3. Though reply to the said application has been filed but no objection qua the condonation of delay has been raised as only the facts of the present case has been mentioned qua the entitlement of the appellant for the family pension.
4. Keeping in view the facts and circumstances that the present Regular Second Appeal is pending for the last nine years and keeping in view the fact that the appellant is a senior citizen seeking claim of family pension, the application for condonation of delay is allowed and delay of 272 days in filing the appeal is condoned.
CM-4893-C-2014
5. As prayed
Second wives are not entitled to family pensions if the first wife is alive, reaffirming that claims must be timely and based on legal marriages.
On death of legally wedded wife, who is not survived by any child eligible to receive pension, share of family pension to her stream would not lapse, but would be payable to eligible children from ot....
Interest on family pension arrears not payable from stoppage date if delay not solely due to department; limited to period from writ filing when balancing record discrepancy, impersonation, and inqui....
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.
Second wives may claim family pension if the first spouse is deceased and there are no offspring, as confirmed by the presumption of valid marriage after long-term cohabitation.
A putative second wife, whose marriage to the deceased is void under the Hindu Marriage Act, is not entitled to family pension under the Pension Rules.
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