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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DEEPINDER SINGH NALWA
Kirandeep Kaur – Appellant
Versus
Punjab State Power Corporation Limited – Respondent
JUDGMENT :
DEEPINDER SINGH NALWA , J. (Oral)
1. In the present writ petition, petitioner No.1 is praying for direction to the respondents to grant compassionate appointment being wife of Tirath Singh (since deceased), who was employed as Assistant Lineman on regular basis with Punjab State Power Corporation Limited (for short 'Corporation') and also for grant of solatium to petitioners No.2 and 3, being minor daughters of Tirath Singh (since deceased).
2. The brief facts of the case are that the husband of petitioner No.1 i.e. Tirath Singh was working on the post of Assistant Lineman with the respondent Corporation, who had expired on 26.02.2022 while he was in service with the Corporation. Tirath Singh, the husband of petitioner No.1 was earlier married with Baljinder Kaur in the year 2006 and Tirath Singh (since deceased) obtained Panchayati divorce from her in the year 2007. There was no child born from the aforesaid wedlock. Baljinder Kaur contracted second marriage with one Tejinder Pal Singh and is separately residing with him since her marriage. Tirath Singh (since deceased) married petitioner No.1 on 02.02.2009 and was blessed with two daughters i.e. petitioners No.2 and 3. Af
The court affirmed that a widow, despite her marriage being void due to the subsistence of the husband's first marriage, is entitled to compassionate appointment and benefits as the deceased's nomine....
The main legal point established in the judgment is that under Rule 49(7)(a)(i) of the Tamil Nadu Pension Rules, family pension can only be shared between widows if the marriage is valid. Invalid mar....
Pension is a protected right under Article 300-A of the Constitution; denial of family pension to a legally wedded second wife without due process violates principles of natural justice.
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.
Important Point : A marriage during the subsistence of a valid marriage is void, and nomination for benefits does not grant legal heir status to the nominee.
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....
A second marriage during the subsistence of a first marriage is void, and nomination does not confer legal heir status.
The right to pension as a vested entitlement necessitates recognition of only legitimate dependents for the disbursement of retiral benefits, irrespective of the existence of previous marital ties.
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