ANJU Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) Instant writ petition is directed against order of the Tribunal dt.08/01/2013.

(2.) An Original Application No.268/2012 came to be filed by the petitioner before the Tribunal praying therein that she, being legally wedded wife of late Gopal Sharma, who died while in service on 25/11/2005, is entitled for his terminal benefits including family pension and compassionate appointment.

(3.) After the reply came to be filed by the respondents, it came on record that the petitioner, who is claiming to be the legally wedded wife of the deceased Gopal Sharma, although at one stage was nominated on 30/09/1991 but during lifetime of late Gopal Sharma, the petitioner got remarried with one Gopal Prasad Vaishnav on 04/02/1997 as reveals from the affidavit of the petitioner Ann.R/6 and compromise dt. 29/12/1997 and thereafter she again got remarried with one Deen Dayal Vaishnav which is evident from the voters' list of Vidhan Sabha Area Degana, Village Thanwala (Nagore) and this came on record after the enquiry was conducted by the department and finally decision was taken that since she is no more a wife of the deceased Gopal Sharma, is neither entitled for family pension nor terminal benefits of the deceased nor eligible to seek compassionate appointment. The enquiry was made through the ITM "J" Ist, Ajmer and from the enquiry report dt. 23/01/2006, it came on record that the petitioner left her husband late Gopal Sharma fifteen years ago and got remarried with Govind Prasad Vaisdhnav and thereafter again with Deen Dayal Vaishnav and she has separated from Govind Prasad Vaishnav prior to his death and all such documentary evidence was available on record and no material was filed in rebuttal and after enquiry, the terminal benefits, which she claimed including compassionate appointment, was denied to her.