1 wp569.11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.569 OF 2011 KJ Himmatsingh P. Lalia )..Petitioner Vs. The Central Organisation ECHS-Ex-Servicemen) Contributory Health Scheme and Ors. )..Respondents ---- Mr.Rajendra K. Yadav for the petitioner. Mr.Salil Shah with Mr.K.R.Chaudhari for respondent nos.1, 2 & 4. Mr.A.K.Jalisatgi AGP for respondent no.3. ---- CORAM : A.M.KHANWILKAR & MRS.MRIDULA BHATKAR,JJ DATE : 15/4/2011. PC 1 Heard Counsel for the parties. The grievance of the petitioner can be redressed if the petitioner were to execute indemnity bond as also his dependent Chandrakanta submits indemnity bond and additionally declaration that she is not receiving or eligible to receive family pension from any other 2 wp569.11.sxw source. 2 From the averments in the petition, it is obvious that the petitioner had made incorrect declaration in the affidavit dated 6.2.2004 that his marriage with Chandrakanta was solemnized on 19.8.1970. By subsequent affidavit, he has already placed on record that he got married to Chandrakanta on 19.11.2003. This is supported by the marriage certificate issued by the appropriate authority. The genuineness of that certificate is not doubted by any one. The petitioner has also retired from service on 8.2.1970 and his first wife died on 6.9.1998. Thus nothing prevented the petitioner to enter into 2nd marriage with Chandrakanta on 19.11.2003. For that reason, we have observed that the grievance of the petitioner can be redressed if the petitioner as well as his 2nd wife were to file indemnity bond and declaration respectively as aforesaid. On submitting such indemnity bond and declaration, the respondents will have to process the case of the petitioner with regard to family pension expeditiously. The Counsel for the respondent nos.1, 2 & 4 submits that the petitioner’s proposal will 3 wp569.11.sxw have to be initiated by respondent no.3. The petitioner through Counsel undertakes to submit the stated declaration and indemnity bond within two weeks from today. In that event, the respondents would take appropriate decision on the said proposal not later than 8 weeks from the date of submission of documents/forms to the respondent no.3 by the petitioner. Petition disposed of accordingly. (MRS.MRIDULA BHATKAR,J) (A.M.KHANWILKAR,J)