The Patna High Court recently rejected a plea filed by a 96-year-old widow who sought family pension for her deceased husband, a retired judicial officer. [Rudra Maya Sinha v. Registrar General & Ors]
The dismissal was based on a significant delay of over 30 years in filing the claim, as well as with insufficient supporting evidence to establish her marital status and her husband's service history.A Bench of Chief Justice K Vinod Chandran and Justice Rajiv Roy added,
"Even according to the petitioner, her husband was first married to another lady, from which marriage, they had two children. The first wife is said to have died, but the date of death or the death certificate is not produced. The petitioner's marriage to the deceased employee is also not substantiated."
The petitioner asserted that she was the wife of the late ram Kishore Prasad Sinha, who served as a judicial magistrate for a period of 13 years.According to petitioner, her husband was granted a five-year extension after retirement and eventually retired in May 1963.The Court inferred that Sinha passed away on June 20, 1989, while still receiving a pension.It pointed out that the petitioner's reliance on a passport and Aadhaar card, both issued long after the death of her husband, lacked relevance.
These documents did not establish the petitioner's husband's service in the judicial sector, the Court added.
"We see from the Bihar Pension Rules, 1950 that the provision for family pension was introduced with effect from 1st April, 1964 vide Family Pension Scheme for State Government Employees, 1964, before the death of the pensioner. The claim made now after more than 30 years is grossly delayed," the Court noted.Consequently,
the Court rejected the plea.
Advocate Bal Bhushan Choudhary represented the petitioner.Advocates Satyabir Bharti, Abhishek Anand, Sushmita Sharma, Sheo Shankar Prasad and Sanjay Kumar appeared for the respondents.
TAGS: Patna High Court Widow's Plea Family Pension Deceased Husband Judicial Officer.
