Under Rule 75(7)(i)(a) of the Railway Services (Pension) Rules, 1993, a second wife, even if her marriage was void, is entitled to family pension, as the rule provides for payment to more widows than one in equal shares.

ORDER

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

“8(a) Quash and set aside the impugned speaking order dated 03.10.2023. Annexure "Al" issued by respondent no. 3;

8(b) Direct the respondents to grant the family pension and continue the benefits such as Free Travel Pass, Free Medical facilities etc. and any other benefits;

8(d) Saddle the cost of the application on the respondents;

8(e) Pass such other orders or reliefs as deemed fit and proper in the facts and circumstances of the case in the favour of the applicant and against the respondents.”

2. The facts, in brief, are that the husband of the applicant, namely Late Shri Sharad Keshav Ganvir, was an employee of Central Railway and was working as Tech-II in the Electrical Department. Late, Shri Sharad Keshav Ganvir, expired on 20th March, 2015 during the course of his employment, leaving behind the applicant, one son, and one daughter as his legal heirs.

2.2 Learned counsel for the applicant submits that she married Late Shri Sharad Keshav Ganvir on 15th February, 1990. A copy of the marriage certificate is annexed herewith as Annexure-A3. It is further submitted that the first wife of Late Shri Ganvir, namely Smt. Maya, was not residing with him and subsequently expired on 11th May, 2016. A copy of her death certificate is annexed herewith as Annexure-A4.

2.3 It is submitted that Late Shri Sharad Keshav Ganvir had married Smt. Maya in the year 1982. However, by judgment dated 29th April, 2003 passed by the Hon’ble Family Court, Nagpur, the marriage between Late Shri Ganvir and Smt. Maya was dissolved by mutual consent. In view of the said judgment, Smt. Maya had no nexus of any kind with Late Shri Ganvir thereafter.

2.4 The applicant submits that she married Late Shri Sharad Keshav Ganvir in the year 1990 after divorce proceedings with Smt. Maya had been initiated.

2.5 It is submitted that since the divorce proceedings were initiated by mutual consent, Smt. Maya had consented to Late Shri Ganvir entering into a subsequent marriage with the applicant.

2.6 The applicant submits that under the Hindu Marriage Act, the question of illegality of a second marriage arises only in specific circumstances. In the present case, no objection was ever raised by Smt. Maya during her lifetime. Hence, the applicant is the legally wedded wife of Late Shri Ganvir, and her children are the legal heirs of Late Shri Sharad Ganvir.

2.7 The applicant submits that Ms. Anjali Sharad Ganvir and Master Prashik Sharad Ganvir were born out of the wedlock between the applicant and Late Shri Ganvir. The applicant further submits that being the legally wedded wife of Late Shri Ganvir, she and her children are entitled to all pensionary and other service benefits payable to the legal heirs.

2.8 It is submitted that Late Shri Ganvir was the sole breadwinner of the family, and after his demise, the applicant and her children have been left without any means of livelihood. They are wholly dependent on the benefits arising from his service.

2.9 The applicant further submits that she obtained a Succession Certificate from the Court of the 4th Joint Civil Judge, Junior Division, Nagpur in Succession Case No. 150/2015, by judgment dated 18th June, 2016 (Annexure A-5), in favour of herself and her children.

2.10 The applicant had earlier filed O.A. No. 646/2021 seeking grant of pensionary benefits. Since it was an admitted position that the applicant was the second wife, the said O.A. was permitted to be withdrawn. Thereafter,