AI Structured Summary
Not yet generated for this judgment
Judgment
Heard learned Counsel for the petitioner, Shri P.S. Mehra and Shri Shailendra Kumar Singh as well as learned Standing counsel for the respondents.
The original petitioner Dr. Veerendra Bahadur Singh was a Reader in the Hindi Department of Ranveer Rananjai Post Graduate College, Amethi Sultapur. After retirement he had preferred the present writ petition for payment of post retiral dues. During the pendency of writ petition, Dr. Veerendra Bahadur Singh left for heavenly abode on 5.11.2008. Thereafter, Smt. Meera Singh has been substituted as legal heir and successor of Dr. Veerendra Bahadur Singh.
It has been admitted at bar that one Smt. Usha Singh is the first wife of Dr. Veerendra Bahadur Singh whereas Smt. Meera Singh is second wife and both have two sons and two daughters from their wedlock with Dr. Veerendra Bahadur Singh. It has not been disputed at bar that in the service record Smt. Meera Singh has been recorded as nominee.
Petitioner''s counsel submits that apart from being nominee in the service record, a registered will has also been executed by Dr. Veerendra Bahadur Singh in favour of Smt. Meera Singh.
On the other hand, learned Counsel for the respondents has relied upon a Judgment of Hon''ble Supreme Court reported in Rameshwari Devi Vs. State of Bihar and others, and submits that the second wife cannot claim any right and title over the property of the deceased person. It has been stated that only children born from the second wife may have got right to claim share in the property. The second marriage shall be nullity in law.
Learned Counsel for the petitioner does not dispute the settled proposition of law relied upon by the learned Counsel for the respondents. However, he submits that since Smt. Meera Singh has been recorded in the service record as nominee by Late Dr. Veerendra Bahadur Singh and also registered will was executed hence under the force of registered will as well as being nominee Smt. Meera Singh is entitled for post retiral dues.
We have given our anxious consideration to the argument advanced by the parties'' counsel. In the case of Rameshwari Devi (supra), Hon''ble Supreme Court held that since the marriage itself is void under the Hindu Marriage Act, there may be no right over the property of deceased government employee of the second wife. However, facts and circumstances of the case stands on different footing. In the present case, keeping in view the nominee in service record of the deceased government employee as well as registered will whether the wife of deceased government employee shall lose her right only because of second marriage? Right flowing from the nominee ship as well as registered will raises a question for consideration by the Court while deciding the right of the parties.
It has been stated by learned Counsel for the respondents that a regular suit has been filed challenging the validity of registered will dated 21.8.2008. It has not been disputed that a registered will alleged to be executed by Dr. Veerendra Bahadur Singh empowering Smt. Meera Singh to inherit the property including the service benefits of the deceased government employee.
Prima facie, we are of the view that post retiral dues may be paid to Smt. Meera Singh at the thrust of registered will as well as keeping in view the fact that she is the nominee in service record. However, payment of post retiral dues shall be subject to right and title of parties decided in a pending regular suit.
It shall be appropriate that 50 per cent of the amount in lieu of Provident Fund, Gratuity, Insurance and other retiral benefits may be kept in a interest bearing account and remaining 50 per cent may be given to Smt. Meera Singh, which shall be subject to order passed by the competent court in a pending regular suit. It is also made open to the parties'' to enter into amicable settlement.
In view of above, we direct the respondents to pay 50 per cent of the entire dues to Smt. Meera Singh and respondents shall deposit the remaining 50 per cent amount in the interest bearing account of a nationalised Bank for two years (may be extended from time to time) which shall be subject to final outcome of pending regular suit. Regular pension shall be paid to Smt. Meera Singh which shall also be subject to order passed by the competent court in the pending regular suit.
While observing with regard to payment of post retiral dues we are not entering into merit of the controversy as well as rights of the parties pending for adjudication before Trial Court.
Subject to aforesaid observation, writ petition is disposed of finally.