NIRMALA DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of this writ petition, the petitioner has inter alia prayed for the following reliefs:-

(2.) The grievance of the petitioner is that she has been denied family pension by the Department, to which, she is entitled to, on account of the death of her husband namely Shri Ram Krishan, who died on 25/3/2019, who had retired as a Patwari upon attaining the age of superannuation on 29/2/1996, on the ground that she happens to be the second wife of late Shri Ram Krishan. As per the petitioner, she solemnized marriage with Ram Krishan on 17/1/1974, which was duly registered on 18/2/1974. The petitioner does not dispute that this marriage was solemnized during the subsistence of first marriage of her husband. As per the petitioner, the first wife of Sh. Ram Krishan passed away on 29/5/1980 issueless. The husband of the petitioner retired from service of the respondent-Department as a Patwari on 29/2/1996 and died on 25/3/2019. Four children were born out of the wedlock between her and late Shri Ram Krishan. They are all major and none of them is entitled for family pension.

(3.) Learned Counsel for the petitioner argued that in light of the fact that the petitioner is the widow of late Shri Ram Krishan, who was the erstwhile employee of the respondent-Department, she is entitled to family pension, as she is fully eligible to receive the same.