Second marriage during subsisting first marriage is void; family pension under Railway rules payable only to legally wedded first wife, not shared with claimant from void marriage; succession certificate not required for service benefits.

ORDER

1.Since the cause of action and relief sought by all the applicants in the aforesaid O.As are common, hence with the consent of learned counsel for parties, all the O.As have been heard together and are being decided by a common judgment.

2. The present original applications have been filed by the applicants under section 19 of the Administrative Tribunal Act, 1985 seeking following reliefs:-

Relief in OA No.1485/2013

(i) The Hon'ble Tribunal may graciously be pleased to quash and set aside the impugned orders passed by the respondent No. 2 and 3 vide their letters dated 30.3.2012 (Annexure A-1), order dated 5/7.2012 (Annexure A-2) passed by General Manager/P (CPO) N.C. Railway and order communicated by General Manager (P) /NCR/Allahabad vide letter dated 23.5.2013 (Annexure A-3) vide which applicant was debarred from getting family pension and other settlement dues.

(ii) The Hon'ble Tribunal may further be pleased to grant Family Pension, DCRG, LE., GIS and other admissible settlement dues and last month's salary etc of her husband which were arbitrarily denied by the respondents disregarding the similar and identical settled case law decided by the Hon'ble CAT / Ernakulum Bench in case of Vijayamma vs. Union of India and Ors. [2002 (1) ATJ Page 611] and Apex Court judgement delivered in Rameshwari Devi Vs. State of Bihar and others (2000) 2 SCC 431).

(iii) The Hon'ble Tribunal may further be pleased to direct the respondents to make payment of Provident Fund as per Nomination made in favour of the applicant in Provident Fund Account of her husband late Pramod Kumar Bedharak.

(iv) The Hon'ble Tribunal may further be pleased to direct the respondents to make payment of interest @ 18% compound with 50,000/- as compensation for making undue harassment to the poor widow applicant.

(v) Any other writ or order or direction which the Hon'ble Tribunal deems fit and proper in the circumstances of the case may also kindly be issued in the interest of justice.

(vi) Cost of the Application may also be awarded”

Relief in OA No.194/2013

(i) The Hon'ble Tribunal may graciously be pleased to quash and set aside the impugned order passed by the Chief Personnel Officer N.C.Railway Allahabad vide Order dated 5.11.2012 communicated vide letter dated 7.11.2012 Annexure A-1) along with order dated 30.3.2012 (Annexure A-2) and direct the Respondents Nos. 2 and 4 to consider the case of the applicant for compassionate appointment on account of death of her husband on the basis of railway official records available and on the basis of records supplied by the applicant keeping in view of the distress condition of the deceased family of Late Late Pramod Kumar urf Pramod Kumar Bedharak and also in view of the similarly situated and identical judgement / order decided by the Hon'ble CAT/Ernakulum Bench in case of Vijayamma vs. Union of India and Ors. | O.A. No. 644 of 2001 on 13.12.2001 | 2002 (1) ATJ Page 611]

(ii) The Hon'ble Tribunal may further be pleased to direct the respondents to give all other resultant and consequential benefits as admissible under the Rules to the applicant as a result of death of her husband Late Pramod Kumar urf Pramod Kumar 'Bedharak during service as a railway employee as per case law laid down in case of Vijayamma vs. Union of India and Ors.

(iii) Any other writ or order or direction which the Hon'ble Tribunal deems fit and proper in the circumst