Case Note & Summary
The High Court allowed a writ petition filed by Petitioner, widow of deceased employee, seeking family pension from the respondent-Corporation. The Corporation had denied pension citing absence of nomination in records and estranged relationship between the couple. The Court found the petitioner was legally wedded wife married on 7th July, 2007, with no divorce decree, making her entitled to family pension. The Court held that absence of nomination could not override statutory entitlement, and estranged relationship did not affect pension rights. The Corporation's refusal was declared unjust and contrary to law. Directions were issued for payment of due pension amount.
Headnote
The High Court of Gujarat at Ahmedabad allowed a writ petition filed under Article 226 of Constitution of India seeking family pension -- The petitioner, widow of deceased employee, challenged the respondent-Corporation's refusal to pay family pension citing absence of nomination and estranged relationship -- The Court held that being legally wedded wife married on 7th July, 2007, the petitioner was entitled to family pension despite no divorce decree -- The absence of nomination could not disentitle statutory entitlement -- The estranged relationship and maintenance orders did not affect pension rights -- The respondent-Corporation's stance was declared unjust, unfair, unreasonable, and contrary to law -- Directions issued for payment of due pension amount
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Issue of Consideration: Whether the petitioner, being the legally wedded wife of deceased employee, is entitled to receive family pension despite absence of nomination in records and existence of estranged relationship
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Final Decision
The High Court allowed the writ petition, holding petitioner entitled to receive family pension -- Directed respondent-Corporation to make payment of due pension amount -- Declared respondent's action of denying pension as illegal, null, and void
