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2016 Supreme(MP) 1033

SUJOY PAUL
Sona Bai Maravi – Appellant
Versus
Central Industrial Security Force – Respondent


Advocates Appeared:
For the Petitioner: Shri Rahul Diwakar.
For the Respondents: Shri Mohan Sausarkar and Shri U.S. Jaiswal.

ORDER :

Sujoy Paul, J.

1. The core issue needs determination in this case is whether the petitioner No. 1, second wife of Late Hulkar Singh Maravi and other petitioners, children of that employee are entitled for pension/retiral dues?

2. The petitioners have invoked the jurisdiction of this Court under Article 226 of the Constitution of India with a prayer to direct the respondents to release the financial benefits in their favour relating to retiral dues of Late Hulkar Singh Maravi (hereinafter called as deceased-employee). The petitioners have stated that they are the legal heirs of the deceased-employee. They belong to Gond, a Scheduled Tribe community. The caste certificate of the deceased-employee is filed as Annexure P/1. It is stated that the deceased was working as Head Constable with the respondent-department. The deceased solemnized first marriage with one Nan Bai as per customs and rituals prevailing in the Gond community. The deceased-employee lived with Nan Bai for a limited period of time. Thereafter, he married the petitioner in the year 1988 as per the Gond customs and rituals. The petitioner No. 1 and Hulkar Singh lived together till death of Hulkar Singh in the year


























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