G. V. Chalpti Rao (Dead) vs Union Of India

Heard Mr. Vijay K. Deshmukh, learned counsel for the petitioners. Also heard Mr. Ramakant Mishra, learned Deputy Solicitor General, appearing for the respondents.

This writ petition is filed by the petitioners against an order dated 25.08.2017 passed by the Central Administrative Tribunal, Circuit sitting Bilaspur (for short, the CAT) in Original Application No.203/01163/2016.

The order of the CAT is reproduced herein below:

“The applicant, a retired Railway pensioner, has filed the Original Application seeking following reliefs:

That, this Hon’ble Court may kindly be pleased to delete the name of his first wife Smt. Gujarti as a nominee from the pension book of applicant and be pleased to direct the concern respondent to get the name of second wife Smt. G. Mamta Kumar may be recorded as nominee in the pension book for grant of family pension after the demolish of petitioner and also that the respondent may be directed to close the show cause notice proceeding against the applicant regarding violation of the pension rule as letter dated 07.01.2013 issued by the Divisional Personnel Officer-II of the SEC Railway.

That, any other relief may also be awarded in favour of applicant under the facts and circumstances including the cost of this Original Application.

It is the case of the applicant that name of his wife is Smt. Gujarti and the same was recorded in his service book.

However, since the said Smt. Gujarti was suffering with various serious decease for the last so many year, he is intending to marry Smt. G. Mamta Kumar, and hence, he may be permitted to marry the said Smt. G. Mamta Kumar, and thereafter, the name of his first wife Smt. Gujarti may be removed from his pension book, and in her place, name of Smt. G. Mamta Kumar may be recorded as nominee so that after his death, the said Smt. G. Mamta Kumar will get family pension.

Admittedly, when the name of the legally wedded wife of the applicant Smt. Gujarti Bai was already recorded in his service book and consequentially in his pension paper, the same can be corrected by including another lady’s name only when the applicant marry another lady legally and in accordance with law and on production of required legal documents, such as, marriage certificate etc. In the absence of same, the respondent authorities are not under obligation to accede to any of the requests of the applicant, which are not in accordance with law.

In the circumstances, we do not find any merit in this Original Application. Accordingly, same is dismissed. However, this order shall not preclude the applicant to make a fresh representation to the respondents by enclosing legal and valid documents, if he is so advised. No costs.”

The said original application was filed by G.V. Chalpati Rao, who has expired in the meantime. The petitioner No. 1 claims that she is the second wife of G.V. Chalpati Rao.

It is submitted by Mr. Deshmukh that the petitioner No. 1 and G.V. Chalpati had solemnized their marriage on 15.02.2007. It is also submitted by him that the first wife of G.V. Chalpati Rao, namely, Gujarati Bai had expired on 18.01.2010.

On a query of the Court, Mr. Deshmukh submits that there was no decree of dissolution of marriage in between Gujarati Bai and G.V. Chalpati Rao.

The original application was filed in the year 2016 and it appears from the order of the CAT that in the said application (application is not annexed with the present petition), the applicant therein had sought permission to marry G.Mamta Kumari, i.e. petitioner No. 1. However, Mr. Deshmukh submits that they had got married on 15.02.2007, prior to death of Gujarati Bai. Marriage certificate annexed also demonstrates the same.

Having regard to the above discussion, we see no good reason to interfere with the order of the CAT and accordingly, the writ petition is dismissed.

The petitioners may pursue remedy in accordance with law, if so advised.