JUDGMENT

Sri.H.K.Basavaraj., learned AGA for the appellant has appeared in person.

2. There is no representation on behalf of respondent No.1.

3. The captioned appeal was listed before the Court on

12.06.2023. On that day, there was no representation on behalf of respondent No.1, hence, it was ordered to be listed on 15.06.2023. The appeal was listed on 15.06.2023 and even on that day also, there was no representation on behalf of respondent No.1. This Court heard learned AGA for the appellant and ordered that the appeal be listed on 16.06.2023 to hear counsel for respondent No.1.

4. The appeal is listed today for further hearing. Today also, there is no representation on behalf of respondent No.1.

5. Heard, the learned AGA.

6. This is an appeal from the Court of I Addl. Senior Civil Judge, Chitradurga.

7. For the sake of convenience, the parties shall be referred to as per their status and rankings before the Trial Court.

8. The plaint averments are these:

It is the case of the plaintiff that she is married to one Sri.A.D.Shambulingappa S/o Garudappa and he is her husband. It is said that he was working as a Driver in the office of the Assistant Executive Engineer, National Highway Sub-division, Chitradurga. He was drawing the monthly salary. During his lifetime, he took VRS. It is stated that he had a first wife namely Smt.Jayamma and she did not beget any children. Hence, with her consent, Sri.A.D.Shambulingappa married Vijayalakshmi - the plaintiff. They were living jointly under a common roof. The first wife Smt.Jayamma died on 16.05.2008.

9. It is averred that at the time of taking the VRS, the plaintiff had filed a suit in O.S.No.315/2010 on the file of II Addl. Civil Judge (Jr.Dn), Chitradurga against the defendants to pay all the VRS amount and other benefits of Sri.A.D.Shambulingappa to her. The said suit was compromised between the plaintiff and her husband Sri.A.D.Shambulingappa. As per the compromise, Sri.A.D.Shambulingappa paid the part of VRS amount to her. It is averred that the name of the plaintiff was entered in the service register, pension payment orders and other relevant documents belonged to Sri.A.D.Shambulingappa. The plaintiff contended that, Sri.A.D.Shambulingappa died on 10.11.2011. After his demise, she is entitled to get all the death benefits like family pension and all service benefits and arrears as she is the only surviving legal heir of deceased A.D.Shambulingappa.

10. The plaintiff as per the instructions of the office of the second defendant, gave all the relevant documents to the office of the Senior Accountant Officer - the first defendant through the Assistant Executive Engineer - the second defendant. For that, the first defendant issued notice to the plaintiff that, during the lifetime of the first wife the plaintiff married Sri.A.D.Shambulingappa hence she cannot claim any benefits and informed that she is not entitled to any family pension. Hence, the first defendant rejected to pay the family pension to the plaintiff, and it was ordered to return all the relevant documents submitted by the plaintiff to the custody of the second defendant.

11. As things stood thus, the plaintiff got issued a legal notice to the defendants through her counsel and it was served upon the defendants, but they did not reply. Hence, the plaintiff was constrained to take shelter under the Court of law and filed a suit to declare that she is the legally wedded wife of Sri.A.D.Shambulingappa and she is also entitled to get the family pension of Sri.A.D.Shambulingappa also sought a direction to pay family pension to her.

12. After the service of the suit summons, the defendants appeared through DGP and the second defendant filed a detailed written statement and denied the plaint averments. The second defendant contended that, Sri.A.D.Shambulingappa during his lifetime nominated his wife Smt.Jayamma as a nominee in the D.C.R.G and GPF nominations maintained in the office of the Assistant Executive Engineer. Nowhere the nam