Children from alleged invalid marriages cannot claim pensionary benefits, and compassionate appointments require eligibility criteria fulfillment.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP/WP(C) No. 162/2020 was transferred from the Hon’ble High Court of Jammu and Kashmir at Jammu and was registered as T.A. No. 61/161/2025 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court with following prayer:

a) “Direct the official respondents to release the family pension as well as death cum retirement gratuity and other service benefits of deceased Sh. Suraj Singh in favour of the petitioner in equal shares with respondent No.3 to 5 being Class I heirs of deceased Suraj Singh.

b) Direct the official respondents to consider the case of the petitioners under SRO 43 for compassionate appointment on account of death of deceased father of the petitioners or in the alternative direct the respondents that while considering any legal heirs of deceased Suraj Singh for appointment under SRO-43 of 1994 , as amended from time to time to pay their share of the petitioners out of the salary every month to the petitioners being members of the family of the deceased who died in harness till they attain majority or till they are dependent.

c) Restrain the official respondents from releasing all the pensionery benefits and other service benefits in favour of private respondents No.4 to 6 to the complete exclusion of the petitioners herein.

d) Direct the official respondents to reserve one post in the department on the basis of application/representation preferred by the mother of the petitioners for appointment of one of the petitioners in the department on compassionate grounds till he/she attain the age of majority.

e) Any other appropriate order or direction as the Hon'ble court may deem fit and proper in the fact and circumstances of the case, in the interest of justice.

f) An affidavit in support of Petition/ Application/ appeal / objection is enclosed herewith.”

3. The facts of the case as averred by the petitioners in their pleadings are as follows:

a) The present writ petition has been filed by the petitioner, Smt. Pooja Rani @ Pooja Devi, seeking a direction to the official respondents for release of the family pension, death-cum- retirement gratuity, and other service benefits of her deceased husband, Late Sh. Suraj Singh, in equal shares among all Class- I legal heirs, and further for consideration of compassionate appointment of one of her children under SRO-43 of 1994 .

b) Late Sh. Suraj Singh was employed as Forest Guard/Helper in the Forest Department at Forest Range, Akhnoor, and died in harness on 31.10.2019 while still in service.

c) The petitioner submits that her marriage with Late Sh. Suraj Singh was solemnized on 05.10.2013 according to Hindu rites and customs, and out of this wedlock, the petitioners (minor children) were born.

d) It is further submitted that the deceased, during his lifetime, had earlier married one Smt. Kiran Devi, and from that marriage, respondent Nos. 3 to 6 were born. The petitioner and her children came to know about this previous marriage only after the solemnization of their own marriage.

e) The petitioner submits that during his lifetime, the deceased neglected to maintain her and their minor children, which compelled her to file a petition under Section 488 Cr.P.C. before the Court of Sub-Judge (Special Mobile Magistrate), Jammu. Vide order dated 29.02.2016, the Court directed the deceased to pay maintenance to the tune of ₹7,000 per month in favour of the petitioner and her children.

f) After the death of Late Sh. Suraj Singh, respondent Nos. 3 to 6, born from his first marriage, allegedly approached the department with forged and fabricated documents, including a