Ram Dulari and Others vs Sachiv, Shiksha Anubhag

S. Harkauli, J.

The petitioner No.1 claims to be the wife of late Dilip Kumar and alleges that petitioners No.2 and 3 are the children born to her from that marriage. After the death of Dilip Kumar the postdeath benefits were claimed by petitioner No. 1 on her own behalf and on behalf of her children. There was objection by the father of the deceased that the petitioner No.1 is not legally wedded wife. Because of this objection the claim was not paid. In the rejoinder affidavit the petitioner No.1 has annexed the documents to show that she was the nominee in the service record of Dilip Kumar. She claims that she herself is a Government servant and in her service record the name of Dilip Kumar was shown as her husband. The service record of petitioner No.1 may only be the corroborative evidence. But the fact that the petitioner No.1 is the nominee of Dilip Kumar in the service record is by itself sufficient to entitle her to receive the payment. However, since this record has been enclosed to the rejoinder affidavit, to which no reply has been given, therefore this petition is disposed of with a direction that if petitioner No.1 is the nominee in the service record of Dilip Kumar, all postdeath service benefits of Dilip Kumar will be paid to petitioner No.1 within three months from the date on which a certified copy of this order is produced before the concerned authority.

(Ordered accordingly)