CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH KOLKATA O.A.No. 350/974/2023 Date of order: 22.05.2024 Present : Hon’ble Mr Rajnish Kumar Rai, Judicial Member Golapi Rajbansi, wife of Late Biroo Rajbansi, residing in Village-Babhut, P.O.Baliya Newab Ganj via Old Malda District-Malda (West Bengal)

PIN - 732128 ………Applicant -V E R S U S –

1. Union of India, Service through the General Manager/N.F. Railway, Maligaon (Assam), Pin-781011;

2. Pr. Chief Personnel Officer, N.F. Railway(Assam), Pin -781011;

3. Divisional Railway Manager, N.F. Railway, Katihar-854105;

4. Sr. Divisional Personnel Officer, N.F. Railway, Katihar-854105 ………..Respondents For the Applicant : Mr. A.K. Paul, counsel Mr. S.P. Chowdhury, counsel For the Respondents : Ms. J.D. Chakraborty, counsel

O R D E R

The applicant, claiming to be the widow of the deceased employee, Late Biroo Rajbansi, has filed the instant O.A. seeking the following reliefs:-

“8(i) Order/Orders to Respondents release Payment of Family Pension to the applicant as per order of Hon’ble CAT/Kolkata order dated 06.05.2022;

(ii) Order/orders to respondents the speaking order not passed by the competent Respondent Authority as per order of Court;

(iii) To pass such order/orders as the Hon’ble Court may deem fit and proper in the interest of Principle of Natural Justice as well as Rules and law. As the speaking order challenge by the applicant which against law and Rules to be Quash.”

2. Facts of this case are that the deceased employee, Late Biroo Rajbansi was appointed under the respondents as Trackman on 16.02.1966 and retired from service on attaining the age of superannuation on 30.04.2004. Pensiion Payment Order was issued in favour of the deceased employee. Thereafter he expired on 17.02.2009. From the record it appears that the final settlement papers were submitted by the deceased employee during his lifetime mentioning the name of Smt. Gulen Rajbanshi as wife and Jitu Rajbanshi as son. Smt. Gulen Rajbanshi expired on 29.09.2008 i.e. before death of her husband.

3. The controversy started when Smt. Golapi Rajbansi i.e. the applicant in the instant O.A. came into picture claiming to be the second wife of the deceased employee. Smt. Golapi Rajbanshi prayed for family pension to the authority but her claim was rejected vide order dated 20.04.2016 on the ground that nomination was made by the deceased employee in favour of his first wife Gulen Rajbanshi who expired before death of her husband. Aggrieved by the said order of rejection dated 20.04.2016, the applicant had approached this Tribunal by filing O.A.No.350/227/2017 which was disposed of on 06.05.2022 with the following directions:-

“6. As the speaking order is silent on Railway Service Pension Rules, 1993 and provisions thereof as well as on the entitlements of the children of the deceased ex- employee, the speaking order dated 20.04.2016 is quashed and the respondent authorities are directed to issue a reasoned and speaking order in accordance with law, within a period of 12 weeks from the date of receipt of a copy of this order, within specific reference to the entitlement of the applicant and eligible children, if any, and, in terms of para 801(10) of the Advance Correction Slip No.68 of the Manual of Railway Pension Rules, 1950, and, in terms of Rule 75 (7)(i)(a) of Railway Service (Pension) Rules, 1993 reiterated therein.”

4. After receipt of a copy of the order dated 06.05.2022 as quoted above, the respondents have considered the representation of the applicant and passed a speaking order dated 02.08.2022 in which they observed that “As per section 11 of Hindu Marriage Act any marriage shall be null and void if the party has a spouse living at the time of the marriage. In terms of rule 75(7)(i)(a) where the family pension is payable to more widows than one, the family pension shall be paid to the widows in equal shares.” It was further observed that “….status of marriage of Smt. Gulapi Rajbanshi was null and void as per section 11 of Hindu Marr