Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(CAT) 2998

CENTRAL ADMINISTRATIVE TRIBUNAL
Umesh Gajankush, Judicial Member
Dimple Sudhir Somkuwar – Appellant
Versus
Union of India – Respondent
Original Application

Advocates:
For the Appellants/Petitioners: Alok H. Daga
For the Respondents: N. P. Lambat, Ashwini S. Bhagwad

Civil court decree declaring second wife legally wedded is binding for family pension entitlement under railway rules unless set aside; proportionate shares to eligible family members directed.

Headnote:(A) Railway Services (Pension) Rules, 1993 - Rules 70, 71, 74, 75, 76 - Family pension and retiral benefits - Second wife declared legally wedded by civil court decree - Entitled to family pension share unless decree set aside - Children from both wives eligible for proportionate shares in DCRG, NGIS, leave salary as per rules - Civil court decree binding on authorities - Prior litigation history considered, formalities directed for release of benefits. (Paras 30, 32, 33)

(B) Compassionate appointment - Railway Board policies (RBEs 01/1992, 218/2019, 120/2023) - Not pressed by parties - Deferred as per policy requiring initial application to competent authority - No adjudication where claim relinquished. (Paras 34)

Facts of the case:
Widow (second wife) and her minor daughters sought quashing of rejection order, share in family pension, DCRG, NGIS, leave salary, and compassionate appointment after employee's death in 2015. Civil court declared second marriage valid in 2023. Respondents contested eligibility citing prior marriage of widow and policy restrictions; son from first wife initially objected but later supported pension claim sans compassionate appointment.

Findings of Court:
Second wife entitled to family pension per civil decree and rules; all family members (including children from both marriages) eligible for proportionate retiral benefits; formalities to be completed and status of other daughter verified for release within 60 days.

Issues: Entitlement of second wife and her children to family pension/retiral benefits post civil decree; compassionate appointment eligibility under railway policies; effect of family arrangement and prior representations.

Ratio Decidendi: Civil court declaration of valid marriage binding unless overturned; family pension payable to eligible widow/children per Rules 75-76; authorities must process benefits upon formalities despite disputes over prior marital status.

Result: Original Application disposed of with directions to process and release benefits within 60 days; compassionate appointment not adjudicated.

Table of Content
1. parties and family background established (Para 4)

ORDER Per: Mr. Umesh Gajankush, Member (J)

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

AbhishekDDPP9ARLDF c o o ho b iN e a g 4 c x os ha t :i e b a i t tn is t aC a s : e to e P i h l l o2 = 4C n = y e D n0 7 I : 7 o N k s :2F 5 I 9d i, 6 b g a ee R O . f n m 4= 0 2 e e=b 3 13 a dP t 0 . 9 h d1 e0 e 2 b e e ary r s a e 1 4 d o V A u 7 7 09 n e b t 5 : ,3 h 2 a r h 3S s o 6 li 7, 1= i s r :o 1T 4 7 h D o n d 8 = b e f e : b + 5 6 k t l 2 3h h 0 9 1 0 i i 5 0 5 , s 2 9 ' 3 4 3 S 5 d 1 9 , 0 E . o 8 0 O 1' R c a . I 0 u cD I4A m 4 f . 3L 23 e 8N .2 n 5 b bU t . e 44M4 .06 8 4B 5 c cE = 0 dR f c 2 8=38 6 f2 7 7f b 9b 1 c 9 45 f af a 71 3 10 6 4ac3 f b1 e 87 4 b6 8 a 7 ed 0 4a 9 70 8 e6 0 23 c 10 5 93 a 65 , 9 8 C 75 N b28 = 6bb4, 7d, a) To quash and set aside the order dated 18.01.2024 (Annexure- A/8) issued by the respondent no.2, Senior Divisional Personnel Officer, South East Central Railway, Nagpur;

b) Further be pleased to hold and declare that the applicants are entitled for equal share in the family pension, DCRG and NGIS and leave salary of the deceased Sudhir Somkuwar;

c) Be pleased to declare that applicant no.1 is entitled for appointment on compassionate ground on any of the post on the establishment of the respondent no.2, after death of the deceased husband Sudhir Sarjerao Somkuwar;

d) Or in the alternative holds and declare that as per family arrangement the applicants are entitled for all financial benefits i.e. Family Pension, DCRG and NGIS and Leave salary of the deceased husband Sudhir Somkuwar and grant compassionate appointment to the respondent no.4 who is the son of the deceased husband of applicant.

e) Direct the respondent to start immediately family pension to the applicant for which applicants are entitled as per their share and release all retiral dues as per share of applicants of late Sudhir Somkuwar in favour of applicants;

f) Grant any other relief as deem fit and proper in the facts and circumstances of the matter;

AbhishekDDPP9ARLDF c o o ho b iN e a g 4 c x os ha t :i e b a i t tn is t aC a s : e to e P i h l l o2 = 4C n = y e D n0 7 I : 7 o N k s :2F 5 I 9d i, 6 b g a ee R O . f n m 4= 0 2 e e=b 3 13 a dP t 0 . 9 h d1 e0 e 2 b e e ary r s a e 1 4 d o V A u 7 7 09 n e b t 5 : ,3 h 2 a r h 3S s o 6 li 7, 1= i s r :o 1T 4 7 h D o n d 8 = b e f e : b + 5 6 k t l 2 3h h 0 9 1 0 i i 5 0 5 , s 2 9 ' 3 4 3 S 5 d 1 9 , 0 E . o 8 0 O 1' R c a . I 0 u cD I4A m 4 f . 3L 23 e 8N .2 n 5 b bU t . e 44M4 .06 8 4B 5 c cE = 0 dR f c 2 8=38 6 f2 7 7f b 9b 1 c 9 45 f af a 71 3 10 6 4ac3 f b1 e 87 4 b6 8 a 7 ed 0 4a 9 70 8 e6 0 23 c 10 5 93 a 65 , 9 8 C 75 N b28 = 6bb4, 7d, g) Allow the present application, in the interest of justice.

2. Brief facts of the case are that the applicant is the widow of one Late Sudhir Somkuwar, who was employed under respondent no.2 & 3 and expired on 25.09.2015 while on duty.

3. It is submitted that the applicant is the second wife and married with the deceased employee after the death of his first wife. The first wife of the deceased employee blessed him with 2 children and the applicant also had two children from the deceased employee. Thus, in total, the deceased had four children, and the applicant is taking care of all four of them since the unfortunate death of the deceased employee.

4. It is submitted that the marriage between the applicant and the deceased employee was solemnized after the death of the first wife, and the intimation of marriage was given by the deceased employee by communication dated 06.05.2009 to the respondents for correcting his AbhishekDDPP9ARLDF c o o ho b iN e a g 4 c x os ha t :i e b a i t tn is t aC a s : e to e P i h l l o2 = 4C n = y e D n0 7 I : 7 o N k s :2F 5 I 9d i, 6 b g a ee R O . f n m 4= 0 2 e e=b 3 13 a dP t 0 . 9 h d1 e0 e 2 b e e ary r s a e 1 4 d o V A u 7 7 09 n e b t 5

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2026 Supreme(Online)(CAT) 2998

CENTRAL ADMINISTRATIVE TRIBUNALUmesh Gajankush, Judicial MemberDimple Sudhir Somkuwar – AppellantVersusUnion of India – RespondentOriginal Application

Civil court decree declaring second wife legally wedded is binding for family pension entitlement under railway rules unless set aside; proportionate shares to eligible family members directed.

CENTRAL ADMINISTRATIVE TRIBUNAL
Umesh Gajankush, Judicial Member
Dimple Sudhir Somkuwar – Appellant
Versus
Union of India – Respondent
Original Application