Second marriage void without divorce from first spouse; benefits follow nomination and service records absent civil court declaration.

ORDER

Hon’ble Dr. Amit Sahai, Member (A)

1. Being aggrieved by the inaction of the respondent department for not granting family pension and other retiral benefits pertaining to late Indra Ram @ Inder Singh along with interest to the applicants and to restrain the respondents from granting any benefits in favour of private respondent no. 4, they have approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985.

2. The facts necessary to adjudicate the instant OA are as under :-

2.1 The husband of the applicant No. 1 & father of the applicant no. 2 to 4, late Indra Ram @ Inder Singh was working on the post of Mate, in the office of respondent No. 2 and while still in service, expired on 24.01.2015, due to serious illness at Mahatma Gandhi Hospital, Jodhpur, leaving behind a wife, the applicant No. 1 and three children (the applicant No. 2 to 4). A Service Certificate (Annexure A/1), a pay slip issued to the deceased (Annexure A/2) and his permanent pass/ ID (Annexure A/3), issued by the respondent department establishes that he was regular employee of the office of respondent no. 3.

2.2 As per the averment made by the applicants, earlier the deceased was married to private respondent no. 4, Smt. Chand Kanwar and she was made his nominee in his service records. Subsequently, she left him and married Anand Singh R/o Bhagat Ki Kothi, Jodhpur. Under these circumstances 20 years ago, Late Shri Indra Ram @ Inder Singh made a NATA (marriage) with applicant no. 1 Smt. Muni Devi according to the custom of their caste. After such NATA (Marriage), applicant no. 1 Smt. Muni Devi has been living with Late Shri Indra Ram @ Inder Singh as a wife during his lifetime and fulfilled all her duties of the married life. As a result of the said marriage applicant no. 1 Smt. Muni Devi bore three children namely Manju Kanwar, Anita Kanwar & Punam Singh and they also lived with their father Late Shri Indra Ram @ Inder Singh and mother Smt. Muni Devi. A copy of the Voter ID cards (Annexure A/5) Aadhar card of applicant no. 1 (Annexure A/6) and a copy of the joint bank account of the applicant no. 1 with her husband (Annexure A/7) are placed on record to establish that Late Shri Indra Ram @ Inder Singh was her husband.

2.3 It is further claimed by the applicants that during the lifetime of Late Shri Indra Ram @ Inder Singh, a letter was given by him to the respondent authorities for change of name of his nominee as applicant no. 1, Smt. Muni Devi in place of private respondent no. 4, Smt. Chand Kanwar, but no action was taken by the respondent department for the change of Nominee of Late Shri Indra Ram @ Inder Singh, till his death.

2.4 After the death of the applicant's husband/father, it is averred that the applicants approached the respondent authorities for the release of retiral benefits of Late Shri Indra Ram @ Inder Singh and family pension to the applicant but no action was taken by the respondent authorities and as a result they are in acute economic crises and it is very difficult to sustain. Since the applicant's husband/father Late Shri Indra Ram @ Inder Singh was the only earning member of applicant's family and due to his sudden demise applicants are facing financial hardship as it is very difficult to sustain themselves. Inaction in releasing the retiral benefits and family pension by respondent department is illegal, baseless and against the facts of the matter and provision of the constitution of India. The applicant no. 1 is legally wedded wife of late Late Shri Indra Ram @ Inder Singh and applicant 2 to 4 are l