wp3045.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.3045 OF 2011. Chitra @ Chitrakala Wd/o Pandurang Gajre, age 52 years, occu. Household, r/o Nideban, Tq. Udgir, Dist. Latur. ...PETITIONER. VERSUS 1. The State of Maharashtra through its Secretary, School Education Department, Mantralaya, Mumbai-32. 2. The Education Officer (Secondary), Zilla Parishad, Latur, Tq. Dist. Latur. 3. The Deputy Director of Education, Latur Region, Tq. Dist. Latur. 4. Kishan Shikshan Prasarak Mandal, Udgir, Tq. Udgir, Dist. Latur through its Secretary. 5. Shivaji Mahavidyalaya, Udgir, Tq. Udgir, Dist. Latur, through its Principal. ...RESPONDENTS. ... Shri Patil Indrale A.V., Advocate for Petitioner. Shri S.K. Kadam, A.G.P. for R.Nos.1 to 3. ... wp3045.11 2 CORAM : P.B.MAJMUDAR AND S.S. SHINDE, JJ. DATE : 28th APRIL, 2011. PER COURT: 1. By way of this petition, the petitioner, who is claiming to be the widow of deceased Pandurang Gajre, who was employee of the Junior College getting grants-in-aid, has filed this petition claiming family pension. The case of the petitioner is that without any valid reasons, the department is not sanctioning family pension in her favour. The learned A.G.P. appearing for the concerned respondents however, submits that as per Rule 115 of the Maharashtra Civil Services (Pension) Rules, 1982, in case there is no nomination, unless appropriate proof is produced, family pension cannot be sanctioned in favour of the petitioner. It is true that in a given case if there is no nomination, the wp3045.11 3 person who is asking for family pension and who is claiming to be a dependent of deceased employee, is required to submit necessary proof to the concerned authority so that family pension may not go to a wrong person. In the instant case, however, the deceased employee had not given any nomination. So far as nomination is concerned, the law is well settled that nominee may receive the amount, on behalf of the person who is entitled to receive the same in law. The nominee, therefore, receives the amount for the benefit of the person who is legally entitled to receive the amount. Family pension is required to be paid to the person who is entitled to receive the same. The petitioner had applied for succession certificate in the Civil Court. In the said proceedings, objections were filed by one Sandeep Gajre taking a point that the petitioner and deceased Pandurang were issue less and, therefore, Pandurang adopted him and he was wp3045.11 4 residing with them since he was 3 years old. On going through the rival contentions of the parties, the learned Civil Judge observed that the objectors are claiming to be the legal heirs. However, the contesting objectors had relied upon a will deed executed by the deceased bequeathing certain property to them. The learned Counsel for the petitioner submitted that the will is not registered and no probate is produced by the objectors. This Court is not concerned with that aspect of the matter. Since the dispute is regarding the will as it is the case of the objectors that certain property was bequeathed to them, the learned Judge kept the matter pending on the ground that unless legality of the will is established, the proceedings are required to be kept pending. 2. The learned A.G.P. frankly states that so far as family pension is concerned, it has to go to the family members of the deceased wp3045.11 5 employee who are entitled to family pension and the testator cannot execute any will in the matter of family pension. In this legal battle, the petitioner widow should not be deprived of her family pension in case otherwise she is entitled for the same. Simply because the deceased employee had not given nomination of any person in his service record, it would not mean that the genuine person who is entitled to family pension may be deprived of the same. 3. In view of the same, we now permit the petitioner to make representation for getting family pension within one month from today with whatever material available with her including the judgment of the Civil Court wherein observations have been made about the marital status of the petitioner and deceased employee. The concerned authority, after verifying the proof, shall pass appropriate order regarding the claim of the petitioner wp3045.11 6 for family pension. Even if the authorities have any doubt, it is also open to them to grant provisional pension to the petitioner and in any case, the widow should not be allowed to suffer. The petitioner may produce necessary proof of her marriage and the authorities, without insisting for succession certificate, may take appropriate decision on the basis of the material available. If the petitioner makes out a case for getting family pension, the same should be released in her favour within a period of one month thereafter. The concerned Education Officer (Secondary), Zilla Parishad, Latur is present in the Court. On his instructions, the learned A.G.P. assures that necessary decision will be taken objectively on the basis of the material available on record. After taking appropriate decision, the wp3045.11 7 concerned authority will immediately send the proposal to the A.G., Nagpur, who shall, without further delay, take appropriate decision on the basis of the record. Ultimately, if it is found that the petitioner is entitled for the family pension, the concerned authority shall release the same without further delay, else the concerned officer shall have to pay the interest from his own pocket. The petition is disposed of, accordingly. [ S.S. SHINDE, J ] [ P.B.MAJMUDAR, J] Kadam/*