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K. SARATH
G. Vijaya Laxmi – Appellant
Versus
State of Telangana, rep. By its Principal Secretary, Prohibition and Excise Department and Others – Respondent
ORDER :
1. This writ petition is filed under Article 226 of Constitution of India, seeking the following relief:
2. Heard Sri G.Ravi Mohan, Learned Counsel for the petitioner and the Government Pleader for Services-III.
3. The learned Counsel for the petitioner submits that the husband of the petitioner viz., G.Muralidhar retired from service as Excise Inspector on 31.03.2007 on attaining the age of superannuation and consequently on his retirement the Government issued G.O.Rt.No.1914 Revenue (Vigilance) Department dated 14.10.2008, sanctioning provisional pension pending finalization of disciplinary proceedings against him. The husband of the petitioner was
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....
The conscious actions and representations of the deceased employee regarding the family pension benefit influenced the court's decision on the petitioner's entitlement to family pension.
The nominee's entitlement to family pension is upheld, but disputes regarding marital status must be resolved in civil court.
The court affirmed that a legally wedded spouse has a vested right to family pension, which cannot be denied contrary to a binding legal award.
The main legal point established in the judgment is that under the Tamil Nadu Pension Rules and relevant government orders, a petitioner may not be eligible for further family pension if they are alr....
Proof of marital status is essential for claiming family pension under the Andhra Pradesh Revised Pension Rules, especially in cases involving multiple widows.
Second wives may claim family pension if the first spouse is deceased and there are no offspring, as confirmed by the presumption of valid marriage after long-term cohabitation.
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