Family pension related judgements - citation needed
Parthasarathi Loganathan
(Querist) 07 February 2012
This query is : Resolved
Could experts post me the undermentioned text of Judgements or source URL so that I could go through for a reference to my personal case proposed to be filed for claim of family pension to a widow who is not nominated in the service records of the deceased Government Pensioner:
1. 2000(1) SLR 44 Gurudial Singh V State of Haryana
2. 2000(2) SLR 719 Premavati V State of Haryana
3. 2000(3) SLR 226 Ammena V State of Kerala
A V Vishal
(Expert) 07 February 2012
Gurudial Singh V State of Haryana : http://www.indiankanoon.org/doc/801988/
Ammena V State of Kerala : http://www.lawyerservices.in/Mrs-PB-Ameena-v-State-of-Kerala-2000-01-27
V R SHROFF
(Expert) 08 February 2012
searching on google, indiankanoon etc can get it.
Parthasarathi Loganathan
(Querist) 08 February 2012
Thanks friends. In fact the crux of this case is as under:
1. Pensioner retired from TN Government services as Class I Gazetted officer.
2. He had three sons born to his first wife.
3. His first wife was ill for several years and predeceased him
4. To take care of this boys he got remarried to a lady and had a daughter born.
5. All the four children were taken care by the step mother and got settled.
6. Pensioner died on 22.01.2002. His service records did not mention the name of the second wife.
7. Pension papers are kept pending without taking any decision for more than one year.
8. Legal Heirship certificate states that the second wife is one amongst the four children as legal heir to the deceased.
9. Now a Writ of Mandamus is proposed to be filed during next week.
Please post citations relevent to the above case so that we can present all the facts to help the old lady gain family pension. Though she had served the family for more than 40 years, she is deprived of the legitimate dues from her deceased husband. She is the only claimant to family pension now and all the other legal heirs have given full consent and approval of her claims.
M V Gupta
(Expert) 11 February 2012
I think under the CCS pension Rules it will be necessary to produce succession certificate to claim family pension.Pl check the Rules. WP may not be necessary.
