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ASHWANI KUMAR MISHRA, J. (Oral)

1. The claim of the appellant for family pension has been rejected by the learned Single Bench after noticing the facts of the case according to which the appellant’s marriage with a public servant was a second marriage during the subsistence of the first marriage. The Rules have been examined by the learned Single Bench to come to the conclusion that such second marriage does not create any right in favour of the appellant to claim family pension.

2. After the death of Major Hari Singh, one Civil Suit was filed by the first wife-Mohinder Kaur, seeking declaration regarding her title to receive retirement benefits of her husband, which was decreed in her favour, however, the appellate court held the appellant herein to be the legally wedded wife based on proof of marriage and Will. Thereafter, this Court, in RSA No. 1006 of 2002, reversed this finding and restored the trial court judgment declaring Mohinder Kaur as the lawful wife. The appellant’s challenge before the Hon’ble Supreme Court was also dismissed on 04.12.2006.

3. Learned counsel for the appellant vehemently argues that even though the appellant may not be a legally wedded wife, yet,