KOUSHALYA BAI Vs. M P STATE ELECTRICITY BOARD

JUDGEMENT

(1.) IN this writ petition, petitioner is admittedly second wife of the deceased employee. It is also not in dispute that her marriage was performed with deceased Shri Rambahori during the lifetime of the first wife. First wife had died in the year 1994 and the second marriage was performed in the year 1990.

(2.) PETITIONER is claiming family pension after death of her husband namely Shri Rambahori Pyasi. Shri Rambahori Pyasi has died on 17-8-2001. Petitioner has been denied the family pension by the M. P. State Electricity Board. Death cum Retirement Gratuity has been kept in Bank deposit to be paid to the sons of the petitioner on their attaining the age of maturity.

(3.) THE question agitated is about the entitlement of the petitioner for pension and gratuity. Family has been defined in Sub-rule (5) of Rule 44 of M. P. Civil Services Pension Rules in relation to Govt. servant, which reads thus : (5) For the purpose of this Rule and Rules 45 and 46 'family' in relation to Government servant means :