ZAINAB BEE Vs. FATIMA BEGUM

JUDGEMENT

(1.) The appellant and the 1 st respondent are the wives of one late Sabir Khan. He was employed as a Machinist in the Government Press. He retired from service and thereafter, died on 24-01-1996. The appellant made a claim before the 2nd respondent-employer, for payment of the family pension exclusively to her, on the basis of the nomination said to have been made by late Sabir Khan in the service records, during his life time. The 1st respondent also made an application before the 2nd respondent-employer for payment of half of the family pension stating that she is the first wife of the deceased-employee. Since the 2nd respondent did not accede to her request, the 1st respondent filed O.S. No. 3876 of 1998 in the Court of the learned XVI Junior Civil Judge-cum-IV Additional Rent Controller, City Civil Court, Hyderabad for a declaration that she is entitled to receive half of the pensionary benefits of her husband. The suit was resisted by the appellant, on the strength of the nomination said to have been made by late Sabir Khan in the service records.

(2.) Through its judgment, dt. 13-12-2000, the trial Court decreed the suit. Aggrieved thereby, the appellant filed A.S. No. 77 of 2001. The Appeal was dismissed on 27-9-2002. Hence, the Second Appeal.

(3.) Heard Sri Bajrang Singh Thakur, the learned Counsel for the appellant and Sri M. Basith Aliyavar, the learned Counsel for the 1st respondent.