Central Administrative Tribunal Jammu Bench, Jammu Hearing through video conferencing Original Application No. 61/628/2022 Pronounced on: This the 24^th day of April, 2024 Hon’ble Mr. Rajinder Singh Dogra, Member (J)

1. Nasira Bi age 67 years W/o Late Sh. Mohd. Rafiq Retired Head Constable, Jammu & Kashmir Police on

31.10.1996.

R/o Kangra Ghullata Mander Poonch, Disst Poonch.

...Applicant (Through Advocate: Mr. Abrar Ahmed Khan)

Versus

1. U.T of J&K Through, The Commissioner Secretary, Home Department, Civil Secretariat, Jammu/Srinagar.

Pin Code 180001.

2. The Director General of Police, Jammu. Pin Code 180001.

3. The Accountant General, Jammu And Kashmir, Canal Road, Jammu. 180001.

4. The Senior Superintendent of Police, Poonch. 185101.

5. The Chief Accountant Officer, Poonch. 185101.

....Respondents (Through Advocate: Mr. Hunar Gupta, learned D.A.G./ Mr. Raghu Mehta, learned Sr.C.G.S.C.)

O R D E R

Brief facts of the case are:

The husband of the applicant namely Mohd. Rafiq Khan was serving in the Jammu and Kashmir Police and after successfully serving the department he retired on 31.10.1996 and accordingly the pension as per service rule was also granted in favour of the husband of the applicant.

2. The marriage between the applicant and her husband was contracted on 23.05.1994 as per Muslim Law and she happens to be the second wife of the applicant.

3. The husband of the applicant very unfortunately died on 12.03.2004 and accordingly death certificate and his death was registered on 13.03.2004. After the death of the deceased husband the family dispute pertaining to the moveable and immoveable property arose between the legal heirs of the deceased and accordingly a civil suit was filed in the court of Ld. Munsiff Mendhar on 08.05.2006 with titled as "Jameel Ahmed & Ors. V/s Naseera Bi & Ors." and accordingly compromised decree was also passed on 03.07.2010 by the court of Ld. Munsiff, Mendhar.

4. Thereafter, the applicant approached the Sub-Divisional Magistrate, Mendhar for issuance of dependent certificate and accordingly after the recommendation of the Tehsildar Mendhar the dependent certificate was issued on 08.08.2017 by Sub- Divisional Mendhar.

5. Mr. Khan, counsel for the applicant, submitted that the applicant is the widow of the deceased, namely Mohd. Rafiq Khan and since, the family pension has not been settled yet in favour of the applicant, the applicant is not able to maintain herself after the death of her husband and is dependent on her relatives. The applicant had also filed a detailed representation to the respondent no. 3 to 5 on

20.04.2022.

6. Learned counsel also submitted that deceased employee had nominated Sh. Jameel Ahmad as Nominee for family pension in the event of his death and the same fact has also been substantiated by the respondent no. 4 in his letter no. SSP/Act/2022/9813/DPO dated 30.08.2022. However, the said Jameel Ahmed is now an employee of CRPF presently posted at Jalandhar and he has deposed affidavit before Executive Magistrate at Jalandhar that he has no objection in case the family pension is granted in favour of the petitioner.

7. Mr. Hunar Gupta, learned D.A.G. appearing on behalf of the respondents submitted that the name of the applicant was found nowhere in the family pension documents. And, during his service, and till the retirement, the deceased husband had never raised any objection regarding this issue.

8. Mr. Gupta, further argued that the said deceased husband contracted the second marriage without seeking permission or informing the Department. Also, as per rule, the junior widow is entitled to pension only if the Government Servant has obtained prior permission for contracting the second marriage.

9. Applicant counsel, Mr. Khan, stated that the rule which Mr. Gupta has referred is not applicable to the case of the applicant herein, as the second marriage was contracted after the death of first wife. Also, the applicant had filed a declaration suit.

10. Heard learned counsel for both the parti