SONA BAI MARAVI Vs. CENTRAL INDUSTRIAL SECURITY FORCE

JUDGEMENT

(1.) The core issue needs determination in this case is whether the petitioner No. 1, second wife of Late Hulkar Singh Maravi and other petitioners, children of that employee are entitled for pension/retiral dues ?

(2.) The petitioners have invoked the jurisdiction of this Court under Article 226 of the Constitution of India with a prayer to direct the respondents to release the financial benefits in their favour relating to retiral dues of Late Hulkar Singh Maravi (hereinafter called as deceased-employee). The petitioners have stated that they are the legal heirs of the deceased-employee. They belong to 'Gond', a Scheduled Tribe community. The caste certificate of the deceased-employee is filed as Annexure P/1. It is stated that the deceased was working as Head Constable with the respondent-department. The deceased solemnized first marriage with one Nan Bai as per customs and rituals prevailing in the Gond community. The deceased-employee lived with Nan Bai for a limited period of time. Thereafter, he married the petitioner in the year 1988 as per the Gond customs and rituals. The petitioner No. 1 and Hulkar Singh lived together till death of Hulkar Singh in the year 2014. Out of said wedlock between petitioner No. 1 and Hulkar Singh, the remaining petitioners were born. The Ration Card is filed to establish this fact.

(3.) The petitioners have also filed the Medical Card issued to the deceasedemployee to establish that they were part of the same family. The copy of passbook showing joint account is also filed as Annexure P/4. It is further submitted that the last rituals of Hulkar Singh were performed by petitioner No. 2 being the eldest son.