VENDRAME SOHTUN Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner No 5 married Yielly Lyngdoh on 26.07.2010 which was registered under the Marriage Act 43 of 1954 and duly signed by the Marriage Officer, East Khasi Hills District, Shillong, Meghalaya on the same day having effect from 25.05.2000.

(2.) It has been averred in the writ petition that out of the wedlock of petitioner No. 5 and Yielly Lyngdoh, four children i.e., petitioners No. 1, 2, 3 and 4 were born. The husband of petitioner No. 5 Yielly Lyngdoh was an employee of the Government of India in the department of Atomic Energy, Atomic Minerals Division, North Eastern Region in the post of Work Assistant 'A' till the date of his retirement on 31.05.2014. It has been claimed that the petitioners were dependent on Yielly Lyngdoh for maintenance and sustenance. The husband of petitioner No. 5 and father of petitioners No. 1, 2, 3 and 4 expired on 02.12.2014 at NEIGRIHMS, Shillong leaving behind the petitioners as his legal heirs.

(3.) As per averments made in the writ petition, it has been asserted that prior to the marriage of Yielly Lyngdoh with petitioner No. 5, Yielly Lyngdoh was married to respondent no. 7 and a daughter was born out of the earlier wedlock, who has been arrayed as respondent No. 8 in the writ petition. On the demise of Yielly Lyngdoh, a dispute arose between the petitioners and respondents No. 7 and 8 on the other hand regarding the claim of pension and other pensionary benefits of (Late) Yielly Lyngdoh. However, learned counsel for the Union of India did not dispute and submitted that the Union of India shall pay the pension and other pensionary benefits of (Late) Yielly Lyngdoh in terms of the award dated 13.07.2019 and the decision of this Court.