JETHI DEVI versus BHAKRA BEAS MANAGEMENT BOARD AND ANR.

JETHI DEVI versus BHAKRA BEAS MANAGEMENT BOARD AND ANR.

Since no legally solemnized marriage took place between the appellant and her brother-in-law, and she continued as a member of the joint family, her statement as to her status as widow and dependency was not false. Therefore, the termination of service and denial of benefits under the rehabilitation scheme was not justified. The order restoring the decree of the trial court is warranted.

Parties
Appellant: Jethi Devi; Respondent: Bhakra Beas Management Board and Anr.
Jurisdiction
India
Judgment Date
24 August 1995
Procedural Posture
Civil Appeal / On Appeal From Decision of Himachal Pradesh High Court in Second Appeal
Outcome
Appeal allowed. Decree of trial court restored.
Legal Topics
Compassionate Appointment, Termination of Service, Widow's Entitlement, Concealment of Marriage, Rehabilitation Scheme
Service Law Compassionate Appointment Termination of Service Widow's Entitlement Concealment of Marriage Rehabilitation Scheme

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Jethi Devi

Appellant

Bhakra Beas Management Board and Anr.

Respondent

Procedural Posture

Civil Appeal / On Appeal From Decision of Himachal Pradesh High Court in Second Appeal

Legal Issues

  1. 1 Whether the appellant made a false statement regarding her status as widow of the deceased employee
  2. 2 Whether the appellant was disentitled to compassionate appointment as per the rehabilitation scheme on ground of alleged remarriage and concealment

Ratio Decidendi

Since no legally solemnized marriage took place between the appellant and her brother-in-law, and she continued as a member of the joint family, her statement as to her status as widow and dependency was not false. Therefore, the termination of service and denial of benefits under the rehabilitation scheme was not justified. The order restoring the decree of the trial court is warranted.

Court Disposition

Appeal allowed. Decree of trial court restored.

Orders

  • The appellant will be entitled to back wages from 30.11.1989, the date on which the suit was decreed.
  • No costs.