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C. V. KARTHIKEYAN
M. Durai Ammal – Appellant
Versus
Secretary to Government (Transport TBC) Department Fort St. George, Secretariat Chennai – 600009 – Respondent
JUDGMENT :
1. The plaintiffs in O.S.No. 2796 of 2010 on the file of VI Assistant City Civil Court, Chennai are the appellants herein. They had filed the suit seeking a declaration that the order passed in Letter No. 10127/P8/SC4/MTC/2007 dated 04.07.2007 is null and void and to direct the defendants, the Secretary to Government (Transport TBC) Department and the Financial Adviser and Chief Accounts Officer, Metropolitan Transport Corporation (Chennai), Ltd., and the Accountant General (Accounts-Entitlement), Chennai, to pay family pension to the first plaintiff from the account PPO No. A550723 of C.Muniyandi, whom the first plaintiff claimed was her husband.
2. The said C.Muniyandi had joined State Transport Department and was later transferred to State Transport Corporation. He retired on 31.07.1990. He was receiving his family pension vide PPO No. A550723. He died on 02.09.2004. The first plaintiff applied for family pension in Form -14 through the second defendant. It was returned, stating that she was not entitled for family pension as she was his second wife.
3. It was stated in the plaint that the first wife had died on 19.06.1989.
4. The first plaintiff claimed that she had m
The main legal point established in the judgment is that the provision for payment of pension to more than one widow applies only to lawful marriages, and the concept of a widow does not arise in the....
On death of legally wedded wife, who is not survived by any child eligible to receive pension, share of family pension to her stream would not lapse, but would be payable to eligible children from ot....
A putative second wife, whose marriage to the deceased is void under the Hindu Marriage Act, is not entitled to family pension under the Pension Rules.
The court affirmed that under the Railway Services (Pension) Rules, a second wife is entitled to an equal share of family pension, notwithstanding the void status of her marriage under the Hindu Marr....
Pension is a protected right under Article 300-A of the Constitution; denial of family pension to a legally wedded second wife without due process violates principles of natural justice.
A second marriage contracted during the life of the first spouse is void, disqualifying the second wife from receiving family pension benefits.
The court affirmed that a widow, despite her marriage being void due to the subsistence of the husband's first marriage, is entitled to compassionate appointment and benefits as the deceased's nomine....
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