M SAMADHANAM Vs. DIVISIONAL RAILWAY MANAGER

JUDGEMENT

(1.) SRI. M. Ramakoti worked as a Technical-I in the Office of Divisional railway Manager, Secunderabad - 1st respondent. He died on 4. 10. 2004 while in service. The petitioner-M Samadhanam submitted representation dated 24. 12. 2004 claiming to be the widow of M. Ramakoti (hereinafter referred as deceased) for settlement of death-cum-retirement benefits and pension. R2-M. Savithri also submitted a representation dated 15. 12. 2004 claiming to be the widow of the deceased. In view of the rival claims, Rl advised R2 to file a suit before the competent Court of law and seek a declaration duly impleading the petitioner. R2 filed O. P. No. 94 of 2005 on the file of Family Court, Vijayawada seeking for declaration that she is the legally wedded wife of the deceased. The petitioner was impleaded as Rl and whereas Rl herein was impleaded as R2 in the said O. P. The petitioner and R2 arrived at a settlement with regard to sharing of the death-cum-retirement benefits, pension and also compassionate appointment. The matter was referred to Lok Adalat wherein the petitioner and R2 filed compromise petition. An award came to be passed in terms of the compromise on 4. 4. 2008. Paras 4 and 5 of the terms of compromise arrived at between the parties need to be noted and they are:

(2.) IN nutshell, the terms of the compromise are: Firstly, Smt. Savitri is to receive pension and whereas death benefits, including arrears of pension are to be shared equally by Smt Savitri and smt. Samadhanam; secondly Smt. Savitri is entitled to claim family pension; thirdly smt. Samadhanam is entitled to claim compassionate appointment.

(3.) THE petitioner submitted application on 18. 6. 2008 claiming compassionate appointment. Rl informed the petitioner that she being the second widow is not entitled for compassionate appointment. The communication sent to the petitioner by rl reads as hereunder: