The central legal point established in the judgment is that Regulation 38(6)(d) of the Pension Regulations, 2018 does not apply to Hindus due to the void nature of second marriages under the Hindu Marriage Act, and Regulations 49 and 54 do not confer nomination rights for family pension and do not apply to the family pension issue.

JUDGMENT :

PANKAJ BHATIA, J.

1. Heard Shri Ravi Shankar Mishra, learned counsel for the petitioner and Shri Prashant Kumar Srivastava, learned counsel for respondents/Bank.

2. Present petition has been filed stating that the husband of the petitioner was working with the respondents-Bank on a Class IV post as a Peon and died on 23.11.2017. Subsequent to the death, the petitioner moved an application for release of the retiral dues, however, the same has been denied and the petitioner was called upon to obtain a Succession Certificate. In pursuance to the said condition, the petitioner filed proceedings before Civil Judge (Junior Division), Pratapgarh being M.N.R. No. 48 of 2019. The said suit considered the fact that the petitioner was the first wife of Late Tilak Dhari Singh who once again married during the lifetime of the petitioner with one lady called Uma Devi. The M.N.R. No. 48 of 2019 considered the respective claims of the petitioner as well as the children of Uma Devi and gave a categorical finding with regard to the dues holding that the petitioner alongwith the children born out of the marriage of Late Tilak Dhari Singh and Uma Devi would be entitled to the retiral dues in the proportion as determined by the Court.

3. The dispute, subsequent to the filing of the suit, has arisen on account of claim of the petitioner for payment of family pension. The respondents/Bank, on a claim being made by the petitioner, refused to grant the relief of payment of family pension to the petitioner solely on the ground that in the M.N.R. No. 48 of 2019, the issue with regard to family pension was not decided by the Court and thus, placing reliance on provisions of Regulation 38(6)(d) of Baroda U.P. Bank (Employees’) Pension Regulations, 2018 (hereinafter referred to as ‘the Pension Regulations 2018’), the petitioner was called upon to obtain a fresh Succession Certificate in respect of the claim of the family pension. The petitioner has challenged the said decision of the petitioner.

4. Learned counsel for the respondent/Bank after having obtained instructions argues that the payment of family pension is to be determined in terms of the guidelines as provided under Regulation 38(6)(d) of the Pension Regulations, 2018. He further argues that the children born out of a void marriage would be legitimate and would be entitled to succeed to the estate as has been determined through the litigation in between the parties.

5. Learned counsel for the petitioner rebuts the said argument by arguing that the law with regard to second marriage is fairly well settled and the second marriage of Uma Devi with the husband of the petitioner was null and void by virtue of Section 5 and Section 11 of the Hindu Marriage Act.

6. In the light of the said submission, this Court is to decide the import of Regulation 38(6)(d) of the Pension Regulations, 2018. Regulation 38 of the Pension Regulations, 2018 framed by the Bank provides for the manner of payment of family pension. Regulation 2(n) of the Pension Regulations, 2018 defines ‘family’ which reads as under:

“2. Definitions:

(1) In these regulations, unless the context otherwise requires:

“............

(n) “family” in relation to an employee means:

(i) wife in the case of a male employee or husband in the case of a female employee (whether the marriage took place before or after retirement).

(ii) a judicially separated wife or husband, such separation not being granted on the ground of adultery and the person surviving was not held guilty of committing adultery.

(iii) (A) unmarried sons or unmarried daughters (born before or after retirement including those adopted) who have not attained the age of twenty-five years.

(B) unmarried sons or unmarried daughters suffering from any disorder or disability of mind or physically crippled.

(iv) widowed daughters or divorced daughters (born before or after retirement) without any age restriction.

(v) parents who were wholly dependent on the employee when such employee was alive,