A second wife of a government employee is ineligible for family pension if the marriage was contracted without prior permission from the competent authority, as mandated by service conduct rules.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs: -

“In view the submissions made hereinabove and those to be urged at the time of hearing of this application, it is therefore prayed that the Hon'ble Tribunal may very kindly be pleased to:-

a. Direct the respondents to finalize and sanction the family pension benefits and gratuity and other benefits arising out of the service of the deceased husband.

b. The Hon'ble Tribunal may in the facts and circumstances of the case be pleased to grant any other additional/alternate relief in favour of the petitioner in giving facts and circumstances of the case.

2. The facts of the case as averred by the applicant in her pleadings, are as follows: -

a) The applicant, Smt. Sharifa Begum, is a citizen of India and a permanent resident of the Union Territory of Jammu and Kashmir. She is the legally wedded widow of Late Mohd. Shafi, who was serving as a Teacher in the School Education Department and was last posted at Government High School, Shikari, Tehsil Chassana, District Reasi. Late Mohd. Shafi entered government service on 02.04.1985 and continued to serve the department without any adverse record till his death on 11.02.2023, thereby rendering more than 37 years of continuous and satisfactory service.

b) It is averred that Late Mohd. Shafi is survived by two wives, namely the applicant herein and respondent No.5, Smt. Naseem Akhter, as well as one son born from the wedlock with the applicant. A legal heir certificate dated 11.03.2023 has been issued by the competent authority, namely the Tehsildar, Chassana, recognising the applicant, her son, and respondent No.5 as legal heirs of the deceased employee.

c) The applicant submits that she is the first legally wedded wife of Late Mohd. Shafi and was entirely dependent upon him during his lifetime. After his demise, she applied for grant of family pension, gratuity, and other retiral benefits arising out of the service rendered by her deceased husband. It is further submitted that respondent No.5 also staked a claim for family pension.

d) During scrutiny of the pension papers, the Office of the Principal Accountant General (A&E), Jammu, noticed that the deceased employee had two surviving spouses and accordingly sought clarification from the Headmaster, Government High School, Shikari, as to whether Late Mohd. Shafi had obtained prior permission from the competent authority under Rule 22(1) of the Jammu and Kashmir Employees (Conduct) Rules, 1971, for contracting a second marriage. This communication was issued vide letter dated 08.07.2024.

e) In response thereto, the Headmaster, Government High School, Shikari, vide communication dated 31.08.2024, clarified that Late Mohd. Shafi had solemnized a second marriage without obtaining the mandatory prior permission from the competent authority. The Headmaster further requested that the family pension be sanctioned in favour of the eligible wife, i.e., the applicant, so that the family of the deceased employee does not suffer undue hardship.

f) The applicant asserts that all requisite documents and formalities demanded by the department for processing the pension case were duly submitted. A No Objection Certificate was also issued by the Headmaster, Government High School, Shikari, certifying that there were no departmental dues or liabilities outstanding against the