LAWS(HPH)-2011-4-249

HAMEERA DEVI Vs. STATE OF HIMACHAL PRADESH

Decided On April 20, 2011
Hameera Devi Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) PETITIONER is seeking release of the family pension and other pensionary benefits including ex -gratia payment, D.C.R.G., leave encashment, G.P.F. after the death of Shri Raj Kumar on 18th April, 2004.

(2.) MATERIAL facts necessary for the adjudication of this petition are that late Shri Raj Kumar was working as Agriculture Extension Officer in the Respondent -department. He has solemnized marriage with Respondent No. 4 in the year 1992. According to the Petitioner No. 1, Shri Raj Kumar has also solemnized the second marriage with her on 01.12.2001 and Petitioner No. 2 was borne from the said wed -lock. From the averments contained in the petition, Respondent No. 4 was working as Female Health Worker and was living away from the matrimonial house with Respondent No. 5.

(3.) MR . R.P. Singh, learned Assistant Advocate General and Mr. Vinod Gupta, learned Counsel for Respondent No. 3 have vehemently argued that Shri Raj Kumar has only solemnized marriage with Respondent No. 4, Satya Devi and Petitioner No. 1 has not placed any tangible evidence on record to establish marriage with late Shri Raj Kumar.