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KARUNESH SINGH PAWAR
Ragini Srivasatva – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. petitioner's factual background regarding deceased husband's benefits. (Para 3 , 4) |
| 2. legal standing of petitioner against rival claims. (Para 8 , 15) |
| 3. legal definitions of 'family' under relevant rules. (Para 20 , 21 , 22 , 24 , 29) |
| 4. right to interest on delayed payment of dues. (Para 37 , 38) |
| 5. court's order to allow petition and direct payment of dues. (Para 40 , 41) |
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.
Second marriage void without divorce from first spouse; benefits follow nomination and service records absent civil court declaration.
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.
A missing government employee's family is entitled to pensions and benefits, even if disciplinary actions were taken during his absence, under certain statutory provisions.
Family pension claims cannot be contingent on a testamentary disposition; entitlement is based on recognized marital status and official dependency designations, without requiring succession certific....
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