LAWS(J&K)-1998-12-49

SIMLA KUMARI Vs. UNION OF INDIA AND ORS

Decided On December 03, 1998
Simla Kumari Appellant
V/S
Union of India And Ors Respondents

JUDGEMENT

(1.) The husband of the petitioner was working with the Border Security Force. He died. The widow is claiming pensioner benefits

(2.) The respondents have filed objections. It is stated that the late husband of the petitioner had signed nomination form in this nomination form he had nominated his mother as the person who was to receive service benefits it is further submitted that the service benefits were released in favour of the mother before the issuance of succession certificate. The succession certificate is said to have been issued on 28th Sept 1996. It is on account of the nomination form having been filed by the husband of the petitioner, the respondents submit that pensioner benefits were released in favour of the mother. At the same time it is admitted that the petitioner had approached the respondents even before 28th Sept 1996. This is evident from the stand taken in Para 4 of the objections. This Para reads as under: -

(3.) Thus the respondents were aware of the fact that the petitioner is also an heir to the estate of her husband.