JALESWARI KOLKAMAR Vs. STATE

JUDGEMENT

(1.) This writ petition is directed against the action of the respondents in not releasing family pension to the petitioner who claims to be the widow of one Ramua Kolkamar, Group 'D' employee (peon) of Khanpur High School, hereinafter referred to as the school, who died in harness on 21 st February, 2004, about seven days before the date of his retirement.

(2.) The petitioner unfortunately is not the first wife of the said Ramua Kolkamar. According to the petitioner, the said Ramua Kolkamar married the petitioner after the death of his wife.

(3.) There can be no doubt that the writ Court in exercise of its extraordinary jurisdiction under Article 226 of the Constitution of India, cannot determine the factual issues of whether the said Ramua Kolkamar actually married the petitioner and if so, whether the marriage took place before or after the death of the first wife.