Denial of family pension to a second wife on grounds of non-intimation of death of first wife and remarriage by deceased employee is arbitrary; Head of Office must process claim under CCS (Pension) Rules, 1972.

ORDER

The present OA has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:

“8(a) To allow the Original Application with exemplary costs;

(b) To quash and set aside the impugned order dated 05.03.2025 (Annexure A-1) issued by the Respondent No.4, impugned order dated 18.03.2025 (Annexure A-2) issued by Respondent No.3 and impugned order dated 04.06.2025 (Annex A-3) issued by the Respondent No.5.

(c)To direct the Respondents to incorporate the name of the applicant as the family pensioner in the Pension Payment Order No.435719101162 issued in favour of her late husband, PP. Chandwani, being his legally wedded wife.

(d) To direct the respondents to grant family pension to the applicant with effect from the date of death of her husband, i.e. 22.09.2024.

(e)To direct the respondents to grant interest @12% p.a. on the arrears of family pension from its due date till the same is paid to the applicant.

(f) To pass any other order/s in favour of the applicant as this Hon'ble Tribunal deems fit in the facts and circumstances of the case;

(g) to award cost of the application.

2. Brief facts of the case are that the applicant claims to be second wife of deceased pensioner Prabhu Pessumal Chandwani, who was a pensioner and passed away on 22.09.2024. It is submitted that late Shri P.P. Chandwani had superannuated as Upper Division Clerk on 30.09.1991 from the office of Central Public Works Department, Bombay Central Electrical Division-IV (Now MCED- II). It is also submitted that the applicant was also an employee with the respondents i.e. Central Public Works Department and she superannuated from service on 31.05.2013. At the time of superannuation of her husband, late Shri P.P. Chandwani, in the year 1991, was married with Smt Maina P. Chandwani. Thus, Smt Maina P. Chandwani, being the legally wedded wife of late Shri P.P. Chandwani, was shown as the family pensioner in the PPO No.435719101162 issued by the respondents.

2.1 Smt Maina P. Chandwani passed away on 12.03.1992 and thereafter late Shri P.P. Chandwani married the applicant on 08.05.1992 i.e. after the death of his first wife. Thus, the applicant attained the status of legally wedded wife of late Shri P.P. Chandwani. Memorandum of marriage dated 14.05.1992 was issued by the Registrar of Marriages, Bombay. It is further submitted that at the time of her marriage with late Shri P.P. _Chandwani, she was working as UDC in the office of CPWD, Mumbai. She submitted her marriage certificate to the office and necessary entry to this effect was made in her servic record.

Accordingly, the name of the applicant was changed in the service record from Miss Ramila Sitaram Swant to that of Smt Ramila Prabhu Chandwani. This is evident from the PPO No.43571/13/0035/8 dated 08.05.2013 in favour of the applicant at the time of superannuation.

2.2 Since her husband late Shri P.P. Chandwani did not inform his Head of Office about the death of his first wife and his remarriage with the applicant on 08.05.1992, the name of late Smt Maina P. Chandwani still reflects as the family pensioner in the PPO of her husband issued on 07.03.2018 pursuant to 7*® CPC. Due to which, the applicant is deprived of family pension, for which, she is legally entitled after the demise of her husband.

Therefore, representation dated 17.02.2025 was submitted to the Pay and Accounts Officer, Mumbai for grant of family pension with all supporting _documents such as death certificate of late Maina P. Chandwani, marriage certificate of the applicant with late Shri P.P. Chandwani, Aadhar Card, Pan Card, death certificate of her husband and pension passbook to enable the respondents to disburse the family pension to the applicant. Copy of representation was forwarded to respondent No.3 also. In response to the aforesaid representation, communication dated 05.03.2025 received from Pay a