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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
MANJU RANI CHAUHAN
Urmila Singh – Appellant
Versus
State Of U.P. – Respondent
JUDGMENT :
Manju Rani Chauhan, J.
1. The petitioner has preferred this writ petition challenging an order dated 21.09.2020 passed by respondent no. 3 – Finance and Accounts Officer, Basic Education, Mirzapur, vide which the claim of the petitioner for payment of family pension has been rejected.
2. Brief facts of the case are that the petitioner’s husband was appointed as an Assistant Teacher in a Basic School run by Basic Shiksha Parishad and was superannuated on 31.03.2016, after which he was getting pension. He passed away on 29.11.2019, therefore, his wife (petitioner herein) became entitled for family pension. The petitioner (wife) moved an application requesting for sanction of family pension. However, her claim of family pension been rejected vide order impugned dated 21.09.2020 on the ground that in the application requesting for payment of pension as moved by the petitioner’s husband, in the column ‘details of family’ in Part-I, name of the petitioner has not been mentioned. As neither in Part-III of the application, photo of the petitioner has been pasted nor her name finds place in the earlier pension papers which were submitted by her husband for sanction of pension.
3. Lea
Family pension is a statutory entitlement of the legally wedded spouse and cannot be revoked by the employee's unilateral actions, as affirmed by the court.
Under the Gujarat Pension Rules, the legally wedded wife of a male government employee is entitled to family pension despite any erroneous nomination by the employee prioritizing someone else.
Pension benefits cannot be adjudicated through writ jurisdiction in the presence of competing marriage claims; a definitive legal spouse must be established in civil court settings.
The nominee's entitlement to family pension is upheld, but disputes regarding marital status must be resolved in civil court.
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.
Disputes over family pension nominee status must be adjudicated in civil court, not through writ petitions.
Family pension is payable only to the legally wedded spouse of an employee, and second marriage during the lifetime of the first spouse makes the petitioner ineligible for family pension under the pe....
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