GEETA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONER's husband, Gouri Singh was a pensioner receiving pension from the respondents. After the death of his first wife, he solemnized marriage with the petitioner in accordance with the Hindu rites and ceremonies. Gouri singh died on 13th March, 1999 leaving behind the petitioner as his legal representative. The petitioner states that she being widow of Gouri Singh was entitled to pensionary benefits on the death of her husband. Earlier she filed an application for grant of Succession Certificate in her favour which was resisted by one Sushil Singh S/o kharati Lal who claimed to be adopted son of Gouri Singh and filed a suit in this behalf in the Court of Sub Judge, jammu for declaration that Gouri Singh had divorced the petitioner. All the proceedings before the Civil Court ended in a compromise and a Succession Certificae was granted in favour of the petitioner. When she applied to the respondents for grant of family pension in her favour the same was denied to her and is being objected to by the respondents who have taken a specific plea in their reply to the present petition that the deceased husband of the petitioner had not complied with the requirements of the rule as such the petitioner was not entitled to any pension.

(2.) IN para 2 of their reply respondents have stated as under:-"that the averments made by the petitioner in this para are denied. It is further submitted that the retired official was supposed to inform to the Head of the office who processed his pension papers at the time of retirement about post retirement marriage in the form of application accompanied with a marriage certificate from the competent authorities viz Registrar/gram panchayat/district Magistrate as prescribed in GOI decision 16 (i) below Rule 54 of CCS ( Pension) Rules, 1972 ( Swamy's Pension Compilation corrected upto 2005)which has never been furnished by him during his life time. On the contrary a photocopy of marriage agreement executed before a public Notary dated 19. 5. 1998 has been received from the petitioner which is not admissible as per extent rules. Following the execution of the above marriage agreement before a Public Notary a divorce deed executed on 14. 7. 1998 between Sh. Gouri Singh ( Retired employee)and the petitioner namely Geeta Devi executed before public Notary was received subsequently. " petitioner has not filed his rejoinder to the reply submitted by the respondents.

(3.) SINCE the respondents have raised an objection that the deceased husband of the petitioner had not complied with the rules, I find the reply of the petitioner in this behalf is required. Before proceeding further the petitioner is granted an opportunity to file her reply to the stand taken by the respondents in their reply and their stand viz-a-viz the rule position as given by the respondents.