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KARUNESH SINGH PAWAR
Ragini Srivasatva – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Karunesh Singh Pawar, J.
Heard Shri Mohd. Ali, learned counsel for the petitioner as well as Shri Vinod Kumar Singh, learned Additional Standing Counsel for the respondent/State.
Prayer
2. The present petition has been filed by the petitioner under Section 226 of the Constitution of India with the following prayers: -
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.
Married daughters are excluded from the definition of family for compassionate appointments under the applicable rules, and dependency must be established to qualify for such benefits.
The court established that procedural technicalities should not obstruct the substantive rights of illiterate individuals in claiming family pensions.
Mohammedan Law – Succession – A married daughter cannot claim compassionate appointment as a matter of right specially when she has deliberately omitted to mention eligibility of her mother to get fa....
The legal point established is the entitlement of the legally wedded spouse to pensionary benefits under the applicable rules and the invalidity of nominations contrary to statutory provisions.
Entitlement of the widow to retiral benefits despite the absence of nomination or marital discord, and the principle of awarding interest as compensation for deprivation of use of money.
Delay in disbursing pension and gratuity obligates the government to pay interest as mandated by OCS Pension Rules, reinforcing the rights of employees to timely benefits.
The prohibition of recovery of emoluments paid for work rendered by an employee, even if beyond entitlement, as it would amount to begar, prohibited under Article 23 of the Constitution.
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