Court No. - 58
Case :- WRIT - A No. - 15726 of 2018 Petitioner :- Smt. Anita Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Raj Kumar Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This petition is directed against an order dated 28.3.2018, passed by the Joint Director, Forensic Science Laboratory, Agra whereby petitioner's claim for release of terminal benefits payable to petitioner's late husband as well as family pension has been rejected. The order records that though petitioner was shown as a nominee in service records but later on, government servant had moved an application for striking out the name of petitioner as being a nominee. Relying upon the said facts, claim of petitioner has been rejected.
Learned counsel for the petitioner submits that the factum of petitioner being legally wedded wife of the deceased is not in issue. It is stated that though certain differences had arisen between the petitioner and her late husband, regarding which proceedings under Section 125 Cr.P.C. were initiated, but the matrimonial relationship between the petitioner and her late husband was not dissolved by passing any decree of divorce. It is also stated that the competent authority has otherwise issued succession certificate in favour of the petitioner.
Submission is that merely for the reasons that the petitioner's name was omitted from the category of nominee, the right of petitioner to receive terminal benefit as also family pension cannot be forfeited.
Learned Standing Counsel, after some arguments in the matter, submits that the authority concerned be permitted to reconsider the matter, in accordance with law.
Law is settled that so long as the matrimonial relations between the husband and wife is not dissolved by legally recognised process, i.e. issuance of decree of divorce, the status of petitioner would continue to be that of the wife of deceased government servant. Her entitlement to receive terminal benefit as also entitlement of family pension, would not be denied merely for the reason that the petitioner's husband had dislodged petitioner from the category of him nominee. Claim of petitioner for release of such benefits would have to be dealt with, in accordance with the applicable Rules, which does not appear to have been done in the instant case.
In such circumstances, writ petition stands allowed. Order impugned dated 28.3.2018 cannot be sustained and is accordingly quashed. The authority concerned is directed to reconsider the claim of petitioner, keeping in view the observations made above, and pass a fresh order within a period of two months from the date of presentation of certified copy of this order.
Order Date :- 27.7.2018 n.u.