P UMALAKSHMI Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) THE prayer in the writ petition is to issue a writ of declaration that the action of the respondent bank in depriving the first petitioner's pension due to Late Ponnan, who died in harness on 9.4.1998 and direct the respondents 1 and 2 to sanction pension to the petitioner on and from 10.4.1998 together with interest at 12% per annum and ex-gratia compensation in lieu of compassionate appointment that is being extended by the bank to the staff, if the bank is not willing to provide compassionate appointment either to the petitioner or to her children.

(2.) THE brief facts necessary for disposal of the writ petition are as follows:

(3.) THE learned counsel for the petitioners further submitted that the marriage between the first petitioner's husband Late V.Ponnan and the said Pitchiamma having been divorced as per custom as early as on 2.9.1988, the marriage between the first petitioner and the said V.Ponnan performed on 14.9.1990 is legal and therefore the first petitioner got the status of the wife of the said V.Ponnan from the said date onwards. Subsequent divorce petition filed in H.M.O.P.No.37 of 1992 before the Sub Court, Karur was only to get the seal of approval of the divorce by abundant caution and the divorce decree granted on 7.9.1992 will relate back to 2.9.1988. Therefore the contention of the respondents that the first petitioner married the said Ponnan during the subsistence of the first marriage is unsustainable and the first petitioner is entitled to get family pension as widow of the deceased V.Ponnan. The learned counsel also relied on certain judgments in support of his contentions.