SHANTI DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in the present petition is to the order bearing No.2612 dtd. 16/1/2019, whereby a notice has been served upon the petitioner to deposit the amount received by her towards widow pension, to the tune of Rs.1,06,500.00 alongwith interest @ 12% per annum, despite solemnizing a second marriage (Krewa). A further prayer has also been made for directing the respondents to refund the amount of Rs.2,73,291.00 that has already been recovered from the petitioner.

(2.) Briefly summarized, the facts of the present case are that the petitioner was married to one Sube Singh, who died on 20/4/1981, leaving behind the petitioner namely Shanti Devi and her three children. It is further submitted that Omi Devi wife of Buja Ram- brother-in-law (Jeth) of thepetitioner had also died in the year 1980. The petitioner had applied for and was granted the widow pension in the year 1999 as per the scheme. It is specifically stated in the petition that as per the customary practices, the petitioner had performed a krewa marriage in the year 1983 with her Jeth namely Buja Ram and from the said krewa marriage, four children were born out. It is averred that despite the performance of the krewa marriage, the name of her deceased husband continued to be and the name of Buja Ram is not reflected as her husband in any of the documents. It is averred that notwithstanding that the krewa marriage is only a social obligation and did not have the callings of a valid marriage, yet, some residents of the village submitted a complaint, due to factionalism, alleging that the petitioner is not entitled to widow pension for having solemnized second marriage with Buja Ram and as such, the amount received by her under the scheme of widow pension ought to be recovered from her. A notice/communication vide letter No.690 dtd. 26/6/2018 was served upon the petitioner, to which a reply was filed on 6/7/2018 giving each and every fact in detail and a request was made that the notice/communication be withdrawn as the same is invalid and baseless. However, instead of withdrawing the said notice/communication, another letter dtd. 24/8/2018 was served upon the petitioner calling for an explanation. The same was also replied to on 28/8/2018. Nonetheless, in continuation of earlier letters, the impugned letter No.2612 dtd. 16/1/2019 was sent to the petitioner conveying that her widow pension has been stopped w.e.f. 14/12/2018 and she was called upon to deposit a total sum of Rs.2,73,291.00.

(3.) Aggrieved thereof, the present petition has been filed.