VIJAYSHREE SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition has been filed against the impugned order dated 23rd January, 2009 passed by the Central Administrative Tribunal, Jabalpur Bench, Circuit Court at Bilaspur, in O.A. No. 420/2003 whereby the original application filed by respondent No. 6 Smt. Jayashree Sharma for grant of family pension to her has been allowed. Brief facts of the case are as under:

(2.) MRS. Hamida Siddiqui, learned Counsel for respondent No. 6 on the other hand submits that the petitioner even if nominated by the deceased could not claim status of a legally wedded wife during subsistence of earlier marriage with respondent No. 6. She placed reliance on a decision in Rameshwari Devi v. State of Bihar reported in : (2000) 2 SCC 431 and Vidyadhari and Ors. v. Sukharna Bai and Ors. AIR SCW 910 and emphasized that the denial of claim to legally wedded wife to the exclusion not only of the nominee of deceased but also to the exclusion of his legitimate legal heirs would be illegal. Respondent No. 6 being legally wedded wife is also one of the legal heirs under the Hindu Marriage Act/Succession Act and therefore she is entitled to pension and other terminal benefits.