Legal heirs of deceased employees are entitled to benefits, with specific regulations governing allocation among those from multiple marriages, particularly concerning pension and compassionate appointment eligibility.

JUDGMENT

S. Talapatra, J. - Heard Mr. P.K. Pal, learned counsel appearing for the petitioner namely Priya Harijan. Also heard Mr. S.S. Debnath, learned counsel appearing for the respondents No. 1 - 3 and Mr. P.K. Ghosh, learned counsel appearing for the respondents No. 4, 5 & 6.

2. The father of the petitioner namely, Mangal Harijan, died in harness while he was working as the Sweeper, Group - D in IGM Hospital, Agartala. For his sudden death, the legal heirs have been entitled to get certain benefits accrued from his service. There is no dispute that the following persons are the legal heirs of Mangal Harijan, the deceased:

i. Smt. Saraswati Harijan - wife.

ii. Smt. Priya Harijan - Daughter (petitioner).

iii. Smt. Priyanka Harijan - Daughter (from the second marriage that was contracted by Mangal Harijan).

iv. Smt. Nishya Harijan - Daughter (minor) (from the second marriage that was contracted by Mangal Harijan).

v. Sri Deb Harijan - Son (minor) (from the second marriage that was contracted by Mangal Harijan).

3. It is also not in dispute that Smt. Priyanka Harijan is married and settled in her matrimonial home.

4. It has been also stated that those legal heirs are entitled to get the retirement benefits such as gratuity and death cum retiral benefit (DCRB), encashment of leave as permissible, group insurance scheme, if applies in case of Mangal Harijan. Those benefits are to be equally shared by all the legal heirs including the married daughter namely, Priyanka Harijan. If those amounts have been received, then the person who received the said amount shall transfer the respective share to the other legal heirs.

5. Mr. Debnath, learned counsel has confirmed that Smt. Saraswati Harijan [mother of the petitioner] has received those amounts. Hence, Smt. Saraswati Harijan is directed to transfer the respective share within a period of 60 days from today. If such amount is not transferred in accordance therewith then the respondent No. 2 will be entitled to draw the legal action against Smt. Saraswati Harijan having been referred by Smt. Priyanka Harijan, Smt. Nishya Harijan and Sri Deb Harijan or any one of them. Since Smt. Nishya Harijan and Sri Deb Harijan are minors, their share shall be maintained in a fixed deposit till their maturity.

6. So far pension is concerned, as Mr. Debnath, learned counsel has categorically stated that the Government of Tripura has not carried out any amendment in the CCS (Pension) Rules, 1972 by adopting any provision in respect of eligibility of children from void and voidable marriage for family pension.

7. The Government of India by the office memorandum No. 1/16/96-P & PW(E) dated 02/12/1996 has clarified that the pensionary benefits will be granted to children of deceased Government Servant/pensioner from void or voidable marriage when the term comes in accordance with Rule 54(8). It has been also observed that 'they will have no claim whatsoever to receive family pension as long as the legally wedded wife is the recipient of the same'.

8. However, subsequently the matter was re-examined by the Ministry of Law and Justice (Deptt. of Legal Affairs) and Ministry of Finance (Deptt. of Expenditure). Thereafter, it has been decided that para -4 of the office Memorandum dated 02/12/1996 shall remain suspended. It has been incorporated its place that the share of the children from illegally wedded wife in the family pension shall be payable to them in the manner given under Sub-Rule 7(C) of Rule 54 of CCS Pension Rules 1972 along with the legally wedded wife. Thus, the earlier memorandum dated 02.12.1996 was modified by the subsequent memorandum No. 1/16/96-P & PW(