Smt. Damyanti Devi vs Oic Records on 31 January, 2015
In the light of aforecited observations made by Hon'ble High
Court of Punjab and Haryana and Hon'ble Supreme Court of India in the
decided cases of Kishan Singh vs Sucha Singh (Supra) and Sushil Kumar
& Anr. Vs. Ram Prakash & Ors (Supra) respectively, it can be safely
concluded that when a plaintiff has an equally efficacious remedy available
for grant of a particular relief through usual mode of legal proceedings then a
suit for injunction cannot be filed for obtaining the same relief. Injunction can
only be granted when there is no alternate equally efficacious remedy
available to the plaintiff. In the present case, the plaintiff has claimed her
rights to the family pension of late Ex.Sowar Sh. Satbir Singh in the capacity
CS No. 177/13 23 / 31
of his legally wedded wife or widow and ordinarily a legally wedded wife is
entitled to family pension and superannuation benefits of her husband on the
basis of nomination made by the husband in his service and superannuation
records subject to the provisions of the service rules applicable to the
deceased husband. However, in the present case, plaintiff's name has not
been mentioned in the nomination form filled by late Ex. Sowar Sh. Satbir
Singh in his service records. On the contrary, the name of one Smt.
Chandrawati Devi is mentioned as the wife of late Ex. Sowar Sh. Satbir Singh
in the records of the defendant office. Moreover, the plaintiff has also failed to
prove that Smt. Chandrawati Devi, the first wife of Sh. Satbir Singh had
expired by producing the death certificate of Smt. Chandrawati Devi. Besides,
the plaintiff has claimed her rights to the family pension of late Sh. Satbir
Singh on the basis of her claim that late Sh. Satbir Singh had obtained
divorce from Smt. Chandrawati Devi. However, no decree of divorce passed
by any court of law for the purpose of dissolving the marriage of late Sh.
Satbir Singh and Smt. Chandrawati Devi has been placed on record by the
plaintiff in order to prove her claim that late Ex. Sowar Sh. Satbir Singh had
obtained divorce from his first wife Smt. Chandrawati Devi and therefore the
plaintiff herself was entitled to receive family pension of late Sh. Satbir Singh.
Nevertheless plaintiff still had an equally efficacious remedy available to her
for grant of relief claimed through the present suit and this remedy existed in
the form of usual mode of proceedings, that is, a suit for obtaining a
succession certificate to succeed to the estates of late Sh. Satbir Singh
wherein the entitlement of the plaintiff to receive the family pension of late
Ex.Sowar Sh.Satbir Singh would have been decided on merit after giving due
notice to all effected parties.