NISTINA KHARMAWPHLANG. Vs. STATE OF MEGHALAYA & ORS.

JUDGEMENT

(1.) Heard Mr. H.L. Shangreiso, the learned counsel appearing for the petitioner. The Meghalaya Government and its authorities are represented by Mr. N.O. Chullai, the learned senior Govt. Advocate. Mr. R. Debnath, the learned Central Govt. Counsel makes submission on behalf of the Accountant General (respondent No. 5). In the year 1990, the petitioner got married with Late Bording Kharpran, who was serving as a Home Guard with the Meghalaya Government. This was the second marriage for the deceased who was earlier married with one Smti Irose Sumer (hereinafter referred to as the first wife). Initially the name of the first wife was recorded as a nominee in the service records of the Govt. servant. But when her whereabouts remained unknown for many years and the Govt. servant got married with the petitioner, the husband applied for cancellation of the nomination of his first wife and requested for recording the name of the petitioner as his nominee, in his service record.

(2.) The Audit Officer acknowledged the receipt of the husband's application for change of nomination. The Annexure-B is the formal acknowledgement of the Audit Officer in the Form prescribed under the Meghalaya (Pension) Rules Sumer (hereinafter referred to as 'the Pension Rules'). The Service Book of the Govt. servant was accordingly corrected and the name of the petitioner was reflected on 24.1.2005 as the nominee of her husband.

(3.) As per the Death Certificate (Annexure-C), the Govt. servant died on 27.10.2007. Accordingly the petitioner as the nominee of the deceased, applied for the family pension benefits on the death of her husband. In the meantime, she also secured a Succession Certificate from the Court of the Addl. Deputy Commissioner, Khasi Hills District, in respect of the GPF, arrear salary and other dues of her husband.