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IN THE HIGH COURT OF ALLAHABAD
ATTAU RAHMAN MASOODI, SUBHASH VIDYARTHI
Union Of India Thru. Secy. Ministry Of Defence New Delhi – Appellant
Versus
Haruli Devi – Respondent
JUDGMENT :
1. Heard Sri S.B. Pandey, learned Senior Advocate/Deputy Solicitor General of India assisted by Sri Ajit Kumar Dwivedi, the learned counsel for the petitioners and perused the records.
2. By means of the instant petition filed under Article 226 of the Constitution of India the petitioners have challenged the validity of judgment and order dated 30.11.2021, passed by learned Armed Forces Tribunal, Regional Bench, Lucknow allowing the Original Application No.256 of 2020: Haruli Devi Vs. Union of India and others.
3. The aforesaid original application has been filed by the opposite party herein challenging the orders rejecting the payment of family pension to her and seeking a direction for payment of family pension along with its arrears with effect from 20.10.2013.
4. The opposite party had submitted in her original application that her husband Ram Prasad (since deceased) had retired while working as Sepoy on 01.02.1998 and he was being paid pension. Subsequently, he was appointed afresh in CRPF on 13.06.1969 from where he retired on 04.03.1997 and his pension was fixed at Rs.1275/- per month.
5. The husband of the opposite party died on 20.10.2013. The opposite party raised c
A spouse's entitlement to family pension is upheld where there is evidence of a legally recognized marriage, even after prior marriage dissolution, as per customary practices.
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.
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....
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 legally wedded spouse post-divorce is entitled to family pension, and payments cannot be stopped without valid legal grounds.
In the absence of any special Rules to the contrary, the nominations referred to under Rule 143 of the Assam (Services) Pension Rules, 1969 will be applicable.
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....
Point of Law : In the absence of any sanction in law, such action by a public authority like APDCL cannot be accepted to be legally valid.
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