PHOOLPATI Vs. UOI

JUDGEMENT

(1.) Issue Rule. With consent, the petition has been heard for final disposal.

(2.) Late Subedar and Honorary Lieutenant Bani Singh was receiving service pension in terms of a Pension Pay Order dated 14th December, 1987 w.e.f. 1st April, 1988. The deceased appears to have contracted a second marriage after he superannuated from military service and begotten two female children out of the wed lock. After his demise, the respondents were approached to process the pension papers of the two widows left behind by him who are the petitioners before us. Since nothing fruitful appears to have been done in that direction, the petitioners have filed the present writ petition in which they have sought a mandamus directing the respondents to finalize the ordinary family pension claim in favour of either one of the petitioners expeditiously and to remit the arrears of pension payable to their account.

(3.) Appearing for the petitioners, Mr. Kauntae submitted that while petitioner no. 1 is the first widow of the deceased Subedar Bani Singh, petitioner no. 2 was married to Bani Singh after his superannuation with the consent of petitioner no. 1. He urged that since the second marriage was contracted with the consent of the first living spouse of Bani Singh, the respondents could consider her claim for grant of family pension upon the demise of Bani Singh. It was further submitted that if the respondents did not recognize the claim of the petitioner no. 2 for any reason, the children born out of the second bedlock between Late Bani Singh and petitioner no. 2 could be considered for grant of the benefit in terms of the Rules and the standing orders, if any on the subject.