Case Note & Summary
The present writ petition was filed under Article 226 of the Constitution of India by Guntiben Sureshbhai Bhoye and others (petitioners) against Sindhuben Sureshbhai Bhoye and others (respondents). The petitioners sought quashing of a communication dated 28.11.2019 issued by respondent No.5 (State authority) to respondent No.6, directing that all retiral benefits of the deceased employee, Sureshbhai Rogyabhai Bhoye, be paid as per the nomination on the basis that respondent No.1 (Sindhuben) is to be treated as the legally wedded wife. The petitioners contended that petitioner No.1 (Guntiben) is the first wife of the deceased and entitled to the benefits. The State, through the Assistant Government Pleader, expressed willingness to disburse the amount but was unable due to the inter se dispute between the petitioners and private respondents. The Court observed that the issue of who is the legally wedded wife is a disputed question of fact that cannot be adjudicated in writ jurisdiction. The Court quashed the impugned communication dated 28.11.2019 and directed the State to disburse the retiral benefits to the person entitled as per the nomination, but subject to the outcome of any civil proceedings between the rival claimants. The Court clarified that the disbursement would be without prejudice to the rights of the parties and that the State would not be liable for any future claims. The petition was disposed of accordingly.
Headnote
A) Constitutional Law - Writ of Mandamus - Article 226 of the Constitution of India - Quashing of State Communication - The petitioners sought quashing of a communication dated 28.11.2019 by which the State directed payment of retiral benefits based on treating respondent No.1 as the legally wedded wife, despite a subsisting marriage with petitioner No.1. The Court held that the State cannot adjudicate matrimonial disputes and must await a competent civil court's determination. (Paras 4-9) B) Service Law - Retiral Benefits - Nomination - Gujarat Civil Services (Pension) Rules, 2002 - The dispute involved pensionary and other benefits of a deceased employee. The Court directed the State to disburse the amount to the person entitled as per the nomination, but subject to the outcome of civil proceedings between the rival claimants. (Paras 5-9) C) Family Law - Legally Wedded Wife - Presumption of Marriage - The Court noted that the issue of who is the legally wedded wife is a disputed question of fact that cannot be decided in writ jurisdiction. The State's communication was quashed as it pre-judged the issue. (Paras 6-8)
Issue of Consideration
Whether the State can treat respondent No.1 as the legally wedded wife of the deceased employee for disbursement of retiral benefits based on a nomination, ignoring the claim of the first wife (petitioner No.1), and whether the impugned communication dated 28.11.2019 is sustainable.
Final Decision
The Court quashed the impugned communication dated 28.11.2019 and directed the State to disburse the retiral benefits to the person entitled as per the nomination, but subject to the outcome of any civil proceedings between the rival claimants. The disbursement shall be without prejudice to the rights of the parties, and the State shall not be liable for any future claims.
Law Points
- Writ of mandamus
- Article 226 of the Constitution of India
- Retiral benefits
- Nomination
- Legally wedded wife
- Inter se dispute
- Gujarat Civil Services (Pension) Rules
- 2002
