Rajasthan High Court Dismisses Writ Petition on Family Pension Claims

Court Directs Disputing Parties to Resolve Marital Status and Heirship in Civil Court

In a significant judgment, the Rajasthan High Court has dismissed a writ petition filed by Smt. Anand Kanwar, who sought the release of family pension following the death of her husband, Late Shri Mool Singh Dewal, an ex-employee of the Rajasthan State Road Transport Corporation (RSRTC). The court ruled that the determination of legal heirship and marital status, crucial for entitlement to family pension, involves disputed questions of fact that cannot be resolved under writ jurisdiction.

The petitioner, Smt. Anand Kanwar, claimed to be the legally wedded wife and nominated beneficiary of the deceased employee as per the Pension Payment Order (PPO) dated October 28, 2000. However, a competing claim was lodged by Smt. Sayar Kanwar, who also asserted herself as the wife of the deceased, leading to a prolonged dispute.

The court, presided by Justice Farjand Ali, emphasized that under Hindu law and service jurisprudence, the concept of dual legally wedded spouses during the subsistence of a valid marriage is not recognized. Consequently, the court highlighted that a proper forum for adjudicating such intricate issues of marital legitimacy and succession rights is the civil court, not writ jurisdiction.

The judgment directs the contesting parties to seek a declaration of their rights through a civil suit. The court urged the trial courts to expedite the disposal of such suits, considering the age and circumstances of the parties involved.

Furthermore, the court observed the need for amendments in pension rules to ensure clarity and prevent interpretational ambiguities regarding nomination, dissolution of marriage, and entitlement. The Advocate General has been directed to bring this observation to the attention of the State authorities for necessary action.

Despite the dismissal of the writ petition, the court's decision underscores the importance of resolving family pension disputes through proper legal channels, ensuring that rightful beneficiaries receive their due entitlements.

Bottom Line:

Family pension disputes involving competing claims by multiple individuals require determination of legal heirship and marital status, which cannot be adjudicated under writ jurisdiction but must be resolved through a civil suit.

Statutory provision(s): Article 226 of the Constitution of India, Hindu Marriage Act, 1955 Section 5, Rajasthan Civil Services Pension Rules, 1996 Rule 59, Rule 66, Rule 74

Smt. Anand Kanwar v. State of Rajasthan, (Rajasthan) : Law Finder Doc Id # 2819404