PIN MAYA KUMAL Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) Heard Sri Ashok Kumar Srivastava, the learned counsel for the petitioner, Sri S.B. Pandey, the learned Senior Advocate/Deputy Solicitor General of India assisted by Sri Varun Pandey, the learned counsel for the opposite parties and perused the material available on record.

(2.) By means of the instant petition filed under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:

(3.) Briefly stated, the facts of the case as pleaded on behalf of the petitioner are that the petitioner is the second wife of late Subedar Tek Bahadur Thapa (a Gorkha from Nepal). Late Tek Bahadur Thapa was enrolled in the Indian Army on 28/11/1961 and he was discharged from service with effect from 30/11/1989. He was paid pension till his death on 13/7/2016. The petitioner claims that she got married to late Tek Bahadur Thapa on 6/3/1969. After her marriage, the petitioner learnt that her husband was already married to Smt. Dalli Maya Kumal on 7/2/1953 and he had four daughters and a son out of that wedlock. At the time of death of Tek Bahadur Thapa, all five children from his first wife were above 25 years of age and married and they were not entitled to claim family pension. In the service record of late Tek Bahadur Thapa, the name of his wife is mentioned as Smt. Dalli Maya Kumal, but the photograph affixed shows the petitioner as wife of Late Tek Bahadur Thapa.