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Meghalaya High Court · body

2018 DIGILAW 23 (MEG)

Emeris Pale v. Union of India

2018-06-13

S.R.SEN

body2018
JUDGMENT : S.R. Sen, J. Heard learned counsel for the petitioner as well as the learned CGC for the respondents. 2. The brief fact of the petitioner's case in a nutshell is that: "The Petitioner Smti. Emeris Pale is the legally wedded wife of Ex. No. 4336679Y, Sep. Late Harbert Khasi, who was serving as a Sep. in the Assam Regiment, Happy Valley, Shillong, District East Khasi Hills, Meghalaya during his lifetime. That both the spouses are permanent residents of Lumsohphoh, Upper Lumparing, P.O. & P.S. Laban, Shillong - 793004. That the husband of the Petitioner, Shri. Harbert Khasi, now deceased, had earlier married to one Smti. Silon Khongwar, who did not stay permanently with Shri. Harbert Khasi, and she had left and deserted Shri. Harbert Khasi, the husband of the Petitioner in the year 1969 and also the said Smti. Silon Khongwar had remarried to one Shri. Soi Sohtun of Nongmynsong, Shillong, District East Khasi Hills, Meghalaya. That Smti. Silon Khongwar also died on 04.03.1997 at Ganesh Das Hospital, Shillong, while living with her husband Shri. Soi Sohtun, who is also no more alive in this world. That, since the year 1969, the deceased husband of the Petitioner had no any sort of connection with his so called first wife Smti. Silon Khongwar, although her name has been recorded in the service records of the deceased husband of the Petitioner. That, after 5 years of desertion by Smti. Silon Khongwar, the humble Petitioner's husband Shri. Harbert Khasi (now deceased) had married the Petitioner on 20.12.1974 according to Khasi customary law and practice and out of the wedlock, 6 (six) children were born to the Petitioner. That the deceased husand (L) Harbert Khasi was a recipient of Pension having PPO No. S/19194/75 and T.S. No. 0025, who also died on 30.05.2015. That the marriage of the Petitioner with her husband, Ex. No. 4336679Y Late Harbert Khasi, was solemnized on 20.12.1974 after 5 years of desertion by Smti. Silon Khongwar. As such, the marriage of the Petitioner with her deceased husband Late Harbert Khasi is legal and valid. As such the humble Petitioner is eligible to draw the Family Pension with all death-cum-retirement benefits from the Sr. Record Officer, Records The Assam Regiment, C/o 99 APO." 3. The learned Sr. Silon Khongwar. As such, the marriage of the Petitioner with her deceased husband Late Harbert Khasi is legal and valid. As such the humble Petitioner is eligible to draw the Family Pension with all death-cum-retirement benefits from the Sr. Record Officer, Records The Assam Regiment, C/o 99 APO." 3. The learned Sr. counsel for the petitioner submits that the petitioner's husband was an employee in the Assam Regiment, Happy Valley, Shillong and during his lifetime, the employee in question got married to the petitioner. After the death of the petitioner's husband, the petitioner claimed the pensionary benefits, which was denied. 4. It is also a fact that the first wife also expired and nobody has come forward to claim the pension. In such circumstances, I am of the considered view that the petition can be disposed of with following directions: Let the respondent authority clear the pensionary benefits in favour of the petitioner subject to production of succession certificate. 5. With this observation and direction the petition is allowed to that extent and stands disposed of.