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DEBANGSU BASAK, MD. SHABBAR RASHIDI
Usha Rani Ojha – Appellant
Versus
Arati Ojha – Respondent
JUDGMENT :
(Debangsu Basak, J.) :
1. Two appeals are taken up for analogous hearing as they emanate out of the same impugned order dated March 21, 2024 passed in W.P.A. 20266 of 2012 and W.P.A. 12536 of 2013.
2. Appeals are at the behest of Usha Rani Ojha. She claims herself to be the first wife of the deceased Tapan Kumar Ojha. As the first wife of the deceased employee, she claims family pension and the retiral benefits of the deceased employee.
3. Usha Rani Ojha made a representation to the employer of Tapan Kumar Ojha, since deceased. No action being taken on such representation, she filed a writ petition being W.P.A. 12536 of 2013.
4. Arati Ojha also filed a writ petition being W.P.A. 20266 of 2012 claiming retiral benefits and family pension in respect of Tapan Kumar Ojha, since deceased.
5. Both the writ petitions were heard and disposed of by the impugned order dated March 21, 2024.
6. Learned advocate appearing for Usha Rani Ojha submits that, she is the first wife of Tapan Kumar Ojha, since deceased. In support of such contention, he relies upon proceedings under Section 125 of the Cr.P.C. being M.R. 152 of 1987 filed before the Judicial Magistrate, 6th Court, Medinipur. H
Second wife from void marriage ineligible for family pension; shared equally with legal first wife and eligible children from second wedlock.
The right to pension as a vested entitlement necessitates recognition of only legitimate dependents for the disbursement of retiral benefits, irrespective of the existence of previous marital ties.
The legal point established is the entitlement of the legally wedded spouse to pensionary benefits under the applicable rules and the invalidity of nominations contrary to statutory provisions.
A government servant's nomination becomes invalid upon remarriage; thus, both spouses are entitled to pension benefits based on their respective claims under the CCS (Pension) Rules.
Unchallenged civil court declaration of legal wedlock binds employer-participant via estoppel and res judicata for family pension, overriding non-notification under pension rules.
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