Nomination in pension records is an administrative convenience and cannot override the statutory entitlement of a legally wedded spouse to family pension under the Pension Rules, especially when a second marriage during the subsistence of the first is void under Hindu law.

JUDGMENT & ORDER

(ORAL)

Heard Mr. S. Nath, learned counsel appearing for the petitioner. Also heard Mr. C.K.S. Baruah, learned Govt. Advocate, Assam appearing for the respondent Nos.1 & 2, Mr. S.K. Medhi, learned counsel appearing for the respondent No.3 and Ms. S. Sharma, learned counsel appearing for the respondent No.4. None appears for the respondent No.6, though service in respect of the respondent No.6 stands completed in terms of the office note dated 02.02.2026.

2. By way of the present writ petition under Article 226 of the Constitution of India, the petitioner seeks issuance of an appropriate writ directing the respondents to release in her favour the family pension together with the arrears thereof, as well as the Death-cum-Retirement Gratuity (DCRG) payable consequent upon the death of her husband, late Sankar Dutta, who expired on 04.01.2021. The petitioner has also prayed for payment of interest at the rate of 20% per annum on the delayed release of the said retiral benefits.

3. The facts, in brief, are that the petitioner was married to late Sankar Dutta in accordance with Hindu rites and customs at Karimganj in the month of June, 1970. Out of the said wedlock, two daughters, namely, Anindita Dutta and Madhumita Dutta, were born. Late Sankar Dutta retired from service on attaining the age of superannuation on 28.02.2002 while serving as the Deputy Director of Economics and Statistics, Haflong, under the Department of Development, Government of Assam. Upon his retirement, he received all admissible retiral benefits except the Death-cum-Retirement Gratuity (DCRG) and continued to draw monthly pension till his demise on 04.01.2021.

4. It is the specific case of the petitioner that while the deceased employee was in service, he had nominated the petitioner, describing her as his wife, for receiving his terminal benefits in the event of his death while in service or in respect of such retiral benefits as remained unpaid after his retirement. According to the petitioner, notwithstanding the said nomination and the subsistence of their lawful marriage, the respondents have illegally withheld the family pension and other consequential retiral benefits after the death of her husband.

5. It is further pleaded that after his retirement, late Sankar Dutta instituted F.C. (Civil) Case No. 10/2007 before the Principal Judge, Family Court, Cachar at Silchar seeking dissolution of his marriage with the petitioner by a decree of divorce. However, both parties remained absent in the said proceeding, whereupon the Family Court, by order dated 02.06.2010, dismissed the divorce petition for default and non-prosecution. Consequently, no decree of divorce was ever passed dissolving the marriage between the petitioner and the deceased employee. The petitioner, therefore, contends that she continued to remain the legally wedded wife of late Sankar Dutta till his death on 04.01.2021. Since neither the family pension nor the DCRG has been released in her favour despite repeated representations, she has approached this Court by filing the present writ petition.

6. The respondents have contested the writ petition by filing their affidavit-in-opposition. Their specific stand is that while submitting his pension papers, the deceased employee had nominated one Smt. Gayatri Dutta, describing her as his wife, for the purpose of family pension and gratuity. It is their contention that on the strength of such nomination, the Pension Payment Order (PPO) and the Gratuit