Benefits payable to the petitioner as the legally-married wife cannot be denied based on mere allegations of desertion, and until it is proved that she was divorced or no longer legally married, her entitlement cannot be denied.

JUDGMENT

Shree Chandrashekhar, J. - The petitioner is aggrieved of order dated 03.12.2015 by which she has been directed to produce declaration from a competent civil court on her status as legally-married wife of the deceased employee.

2. Admitted facts of the case are that the petitioner is the one whose name has been entered in PS-3 and PS-4 forms as wife of the employee-Charka Munda. The respondent authority in its order dated 03.12.2015 admits that the petitioner was married to the deceased employee, but subsequently she allegedly has deserted him. This appears to be the case admitted by the respondent no. 5- Laxmaniya Devi also who claims herself legally-wedded second wife of the employee-Charka Munda.

3. Whether the petitioner has deserted her husband and whether she was staying with another person with whom four children are born, are the issues which may be relevant in a proceeding instituted for declaring status of the petitioner as legally-married wife of the employee-late Charka Munda. As on the date when she has raised a claim for her appointment on compassionate grounds there is no declaration by a court that on account of her desertion, her marriage with the deceased employee stands annulled. Desertion is a ground for divorce, but mere allegation of desertion would not amount to divorce. In my opinion, in these facts the employer-M/s CCL cannot withhold compassionate appointment or monetary compensation payable to the petitioner under National Coal Wage Agreement.

4. In Smt Violet Issaac and Others Vs. Union of India and Others , (1991) 1 SCC 725 a case in which a plea was raised for denying family pension to a wife on the ground that the deceased employee had executed a Will bequeathing family pension to his brother, the Supreme Court has held that family pension is payable by virtue of status of a person. In G.L. Bhatia Vs. Union of India and Another , (1999) 5 SCC 237, a case similar on facts, the wife though staying separately and excluded in the nomination was held entitled to family pension. On a similar analogy it must be held that till the time it is proved that the petitioner was divorced by her husband or that on account of the alleged desertion she no longer is the legally-married wife of the deceased employee, benefits which shall be payable to her on account of her status as wife of the employee-late Charka Munda cannot be denied to her.

5. In the above facts, the respondent-authority cannot withhold compassionate appointment to the petitioner awaiting a declaration on her status from a competent civil court. The fact that different death certificates have been issued which would disclose different date of death of the employee is not relevant for adjudicating claim of the petitioner for compassionate appointment. The respondent no. 5 admits that she is the second wife of the deceased employee. May be subsequently her name was entered in the service record of her husband, but this fact would not deny the petitioner of her status as the legally-married first wife of the employee.

6. In view of the aforesaid facts and for the reasons indicated hereinabove, finding serious infirmity in the impugned order dated 03.12.2015 it is quashed. Claim of the petitioner shall be decided in accordance with the provisions under NCWA, within a period of six weeks.

7. The writ petition stand allowed.