The main legal point established in the judgment is the interpretation of Rule 116(6) of the Pension Rules and its application to determine the entitlement of widows and children to the family pension.

JUDGMENT

1. The challenge in this revision application is to the common judgment and order dated 9/10/2015, passed by the Court of Civil Judge, Senior Division in Misc. Application Requiring Judicial Inquiry (MARJI) No.72/2014 (Old MARJI No.243/2008, MARJI No.13/2010 and MARJI No.199/2009) and confirmed by the judgment and order dated 15/3/2019, passed by Additional District Judge-2, Nanded in Regular Civil Appeal No.147/2015.

By the impugned judgments and orders, the claim of the applicant for grant of succession certificate to receive pensionery benefits came to be negatived. The applicant is, therefore, before this Court.

FACTS :-

2. Panditrao (deceased) was in the service of Police Department. He died on 29/9/2008. Deceased Panditrao had married Jyoti (respondent No.2) in the year 1989. Respondents No.3 to 5 are the children born of the said wedlock. Respondent No.6 is the mother of the deceased Panditrao. During the subsistence of his first marriage with Jyoti, Panditrao married the applicant on 17/12/2003. A daughter, Padmashree was born of the said marriage. On the demise of Panditrao, the applicant and her daughter Padmashree on one hand and the respondents No.2 to 6 on the other filed aforesaid two applications for grant of succession certificate to receive retiral benefits, inclusive of pension. Both the applications were heard together and decided by common judgment and order dated 9/10/2015. The learned Civil Judge, Senior Division granted succession certificate in favour of respondents No.2 to 6 and Padmashree (applicant No.2 in MARJI No.72/2014) to receive amount of gratuity, provident fund and other service benefits. The respondent No.2 Jyoti has been held to be entitled to receive pensionery benefits to the exclusion of all other claimants. In view of learned Judge, the applicant - Seema married the deceased during subsistence of his marriage with respondent No.2 Jyoti. The applicant did not have a status of a wife of Panditrao and that of his widow on his demise and, therefore, not entitled to succeed any of the estate/ property including retiral benefits of the deceased. The appellate Court has confirmed the said finding.

3. Shri A.D. Ostwal, learned counsel appearing for the applicant would submit that, with the consent of respondent No.2 Jyoti the applicant had married Panditrao. Since the day of her marriage till Panditrao breathed his last, the applicant had all along been residing with him. A daughter - Padmashree was born of the said marriage. In view of Rule 116(6) of the Maharashtra Civil Services (Pension) Rules, 1982 (for short the Pension Rules), in case of there being more than one widow of the deceased employee, all such widows would be entitled to share pension equally. In support of his contentions, the learned counsel has relied on the following authorities :-

(1) Kantabai w/o Dhulaji Shriram and ors. Vs. Hausabai Dhulaji Shriram and ors. [ 2014 (7) ALL MR 299 ] (2) Smt. Laxmibai wd/o Shripat Kumare Vs. Chief Executive Officer, Nagpur and ors. [ 2004 (4) ALL MR 621 ] (3) Tulsa Devi Nirola and ors. Vs. Radha Nirola and ors. [ 2020 SCC Online SC 283 - Civil Appeal no.1835 of 2020 ] (4) Vidhyadhari and ors. Vs. Sukhranabai & ors. [ (2008) 2 SCC 238 ] (5) Nikita Sutar Minor Vs. State of Assam and ors. [ 2020 SCC Online Gau. 4074 - W.P. (C) No.6536/2017 ] (6) Rameshwari Devi Vs. State of Bihar and ors. [ (2000) 2 SCC 431 ] (7) Kamalbai w/o Venkatrao Nipanikar Vs. State of Maharashtra and ors. [ 2019 (3) Mh.L.J. 921 ]

4. The learned counsel would further submit that, clause 2 and clause 4 of the impugned order dated 9/10/2015 are inconsistent with each other so far as regards entitlement to receive amount of pension is concerned. He would further submit that, in case of there being no widow surviving, the children of the deceased would be entitled to receive family pension. The learned counsel meant to say that, in case of certain contingencies, Padmashree, the daughter of the applicant may become en