SUNITA DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The only point involved in the present writ petition is that the petitioner, who is stated to be the second wife of deceased-Shri Bala Prasad Sain and surviving wife at the time of his death, is entitled to family pension or not ?

(2.) The case, as arisen, is that there was some dispute between the petitioner and son Sunil Kumar. The name of Sunil Kumar was mentioned in the nomination form along with name of the first wife who had expired on 14/12/1995. In the civil suit between the petitioner and Shri Sunil Kumar a compromise was arrived at and a judgment and decree was passed on 27/04/2005 whereby the petitioner and her son divided equally the benefits of PF, Gratuity of the deceased. However, the petitioner was not granted family pension by the respondents on the specious plea that she had no proof to show that she was legally wedded wife of the deceased and a succession certificate was sought from the petitioner vide letter dated 17/06/2005.

(3.) Learned counsel for the petitioner submits that the petitioner was admittedly living with her late husband and even if she has no legal proof to show that she was legally wedded wife, a presumption in law has to be drawn in terms of the fact that she has been continuously living with her husband for years together since death of the first wife. Copy of the voter list as also LIC have also been placed on record by way of rejoinder to show that the petitioner was legally wedded wife of the deceased Bala Prasad Sain.