SAEEDA KHANAM Vs. MALEGAON MUNICIPAL SCHOOL BOARD

JUDGEMENT

(1.) Notice before admission was issued to Respondents so that petition could be finally disposed of at the admission stage itself. However, both the respondents, though served, have failed to cause an appearance to be filed in the present petition. In the circumstances we issue Rule.

(2.) As far as the interim relief is concerned, Petitioner is a nominee of her deceased husband, Abdul Majeed, in his pension papers. Petitioner would, therefore, be entitled to be paid pension in preference to Respondent No.2 who claims to be the second wife of the deceased. Even though Respondent No.2 claims to be the second wife, she would not be entitled to receive pension to the exclusion of the petitioner. Rule 117 (6) of the Maharashtra Civil Services (Pension) Rules, 1982 provides as under: