CHANDRA MAYA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. A.S. Siddique, learned counsel appearing for the petitioners and Mr. R. Debnath, learned CGC appearing on behalf of the respondent Nos. 1 to 4. Mr. S.D. Upadhaya, learned counsel appearing on behalf of the private respondent No. 5. The writ petitioners are the mother and sons of the deceased Ashok Limboo, who was serving in the Office of the Assistant Engineer (Elect.), Shillong (Respondent No. 4) in the capacity of Khalasi. During his life, -the deceased nominated his wife Maya Limboo and his sons as nominees in the official record. However, Maya Limboo predeceased Late Ashok Limboo and after her death the service record of Ashok Limboo was updated notifying the details of surviving family members. After the death of Ashok Limboo, his son Rakesh Limboo (Petitioner No. 3 herein) submitted his application to respondent No. 2 to consider his appointment on compassionate ground as his father died in harness. The petitioner as nominees and legal heirs of deceased claimed debt & securities and other service benefits of the deceased. On repeated request and demand they were informed by respondent No. 3 that their lawful dues cannot be released due to objection from respondent no. 5, who claims to be the widow of the deceased. The petitioners have sought relief of mandamus by this writ petition to direct the respondents to pay the family pension and other service benefits of the deceased to the petitioners and also to consider the appointment of petitioner No. 3 on compassionate ground.

(2.) The learned counsels for the respondents have submitted that the writ petitioners are trying to mislead by suppressing the materials facts. As per official record Smti. Maya Limboo was the first wife of the deceased, who expired on 28.10.2004. Later her demise Ashok Limboo submitted his declaration of second marriage vide his letter dated 19.12.2005 and the declaration thereof for updation of nomination and family details as under:-

(3.) It is further submitted that Late Ashok Limboo during his life time authorized his wife Sabita Limboo (second wife) as nominee with regard family pension, CGEGIS, GPF and death-cum-retirement benefit. Sabita Limboo also submitted an affidavit that her daughter Seema Limboo was born on 01.01.2009 out of her wedlock with Ashok Limboo and requested the respondents to consider her appointment on compassionate ground.