Second wife from void marriage ineligible for family pension; shared equally with legal first wife and eligible children from second wedlock.

O R D E R

Per Justice Narendra Kumar Johari, Member (J) :- Present OA has been filed by the applicant for the following relief:-

“i. For issuance of appropriate order (s) and direction(s) for quashing of the order, as contained in. Memo no E/Sett./F.Pension/Sanju Devi/2024 dated 06.11.2024 issued in signature of respondent no. 4, whereby, the representation of the applicant praying for grant of 50% pension has been rejected.

ii. For issuance of appropriate order/direction for fixation and payment of family pension of the applicant 2nd wife whereby application of applicant for granting family pension in lieu of death of her husband.

ii. For any other relief (s) for which this application is entitled to.”

2. This is a second round of litigation. Applicant had earlier come in O.A. No. 478 of 2024 which was decided by this Tribunal on 12.07.2024 with direction to consider and decide the representation of applicant in accordance with Pensions Rules of 1993.

3. The brief facts of the case of the applicant are that applicant is the second wife of Late Hari Raj Dubey who was working as railway employee in the post of Sr. Tech (M) under SSE/Dsl. Shed/Patratu and died in harness on 30.05.2023, leaving behind 2 wives, 5 daughters and 1 son.

4. It has been mentioned by the applicant that his representation dated 25.09.2024 (Annexure-C) for grant of family pension was rejected by the competent authority (Opposite Party No.3) vide order dated 06.11.2024 without considering Sub Rule 7 (C) of Rule 54 of CCS (Pension) Rules 1972 whereas in O.A. No. 478/2024, the direction was given to the respondents to consider and decide the pending representation of applicant dated 13.03.2024 (Annexure-B) in accordance with Railway Services (Pension) Rules, 1993.

5. It has also been mentioned by the applicant in the O.A. that Late Hari Raj Dubey (husband of the applicant) had 2 wives namely Prabha Devi (Opposite Party No.4, the 1^st wife) from whom he had one daughter, namely Sunita Devi (now married). Whereas Smt. Sanju Devi (applicant) is 2^nd wife from whom he had four daughters and one son. It has also been mentioned that marriage of Sanju Devi (applicant/2^nd wife) with Late Hari Raj Dubey was solemnized with consent of first wife Prabha Devi. It has further been mentioned that 1^st wife, Opposite Party No.4 never lived with Late Hari Raj Dubey and she used to get her monthly maintenance only from the husband.

6. It has further been mentioned by the applicant that in the family declaration forms submitted by Late Hari Raj Dubey to the railway department, in the column of his dependents, the name of applicant has been mentioned as wife along with her four daughters, namely Chandni Kumari, Nandini Kumari, Rajni Kumari (all married) & Anjali Kumari (unmarried) and one son namely, Rahul Kumar Dubey. (Annexure-E). It has further been submitted that the late Hari Raj Dubey also mentioned the name of applicant who is entitled to get 100% amount of his retiral benefit. (Annexure-F). It has also been submitted that earlier in the forms of Pass/PTO’s/ family declaration form only the names of applicant and her children are mentioned (Annexure-G).

7. The applicant has made representation before the authorities for payment of family pension within stipulated time that the 2nd wife comes within the objective of the scheme passed in Railway Service (Pension) Rules 1993 under Chapter VI, Rule 75 (7)(1) (