TARA DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE petitioner claimed herself to be the wife of late Shri Dina Nath, who retired as Assistant Malaria Officer on 30.11.1991 on attaining the age of superannuation, from the respondent -Department. His pension case was finalized vide PPO No. 23412/HP. He was the recipient of his retiral benefits and the pension. He died on 22.02.2002. Thereafter, the petitioner approached the respondent -Department for the grant of family pension being the only legally wedded wife of the deceased husband. Her request was not acceded to, on the ground that her name did not find mentioned as the wife of deceased Dina Nath in the service record. Accordingly, she issued legal notice. Whereas, the third respondent informed her that late Shri Dina Nath while submitting his pension papers mentioned the name of Smt. Suneharo Devi, respondent No. 5 as his wife and did not make any reference to the petitioner.

(2.) IT is contended in the present petition that she fall in the definition of the family for the purposes of family pension as defined in Rule 14 (1) (b) of the Family Pension Rules, 1954, as such entitled for the family pension being the legally wedded wife of Dina Nath.

(3.) WHEREAS , Suneharo (respondent No. 5) in her reply submitted that the details of the members of the family were provided by Dina Nath in the prescribed form (Annexure R -2/1), on the basis of which the pension papers were prepared. She denied that the petitioner was the legally wedded wife of deceased Dina Nath. She disputed the entries in the Pariwar register. It is also her contention that during the life time of Dina Nath, petitioner did not agitate the matter and controversy was only racked -up after his death. Since she being the legally wedded wife of deceased, as such is entitled for the family pension.