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Judgment
Akhil Kumar Srivastava, Member J
The applicant through this Original Application has sought setting aside of impugned information dated 16.10.2020 (Annexure P-14) and information dated 30.06.2020 (Annexure A/12). He also prayed for grant of family pension since October 2010 along with arrears and interest as per Rules.
The facts of the case are that the applicant is the widow of deceased employee Shri Shyamlal who was posted as Technician III in the respondent-department. His first wife was Smt. Bhagwati Bai who died in the year 1983 leaving behind two minor children namely son Hemant and Daughter Poonam. Shri Shyamlal performed 2nd marriage with applicant Smt. Kasturi Bai on 30.01.1984. Shri Shyamlal expired on 25.09.2010. Thereafter respondent No.2 issued letter to the applicant and son Hemant to bring succession certificate from the competent court in respect of dues of deceased employee. Hemant filed succession case No.12/2011 before the Civil Judge Class I in which children of first wife was declared legal heirs of deceased employee Shyamlal vide order dated 20.12.2017. Against the said order applicant filed R.C.A No.12/2018 before the IInd Upper District Judge Itarsi for obtaining share of deposit dues of deceased employee which was end up with compromise vide order dated 14.09.2019 (Annexure A/9). Both the parties decided that pension amount will be obtained by applicant and son Hemant will apply for compassionate appointment. Applicant has filed a suit before 1st Civil Judge Class II itarsi for declaring her as a legal wife of deceased employee. The First Civil Judge Class II vide its judgment dated 14.08.2018 (Annexure A/8) declared the applicant as legal wife of deceased Shyamlal. On 07.11.2019 applicant made application to respondent No.2 to grant compassionate appointment to her step son Hemant and for herself to pay the pension and settlement amount. Affidavit in this regard is attached at Annexure A/10. But the respondents did not decide the pension case nor started the family pension to the applicant. Applicant submitted her detailed representation dated 21.01.2020 (Annexure A/11) which was rejected vide communication dated 30.06.2020 (Annexure A/12) wherein respondents have stated that Hon’ble Court has not given clear order in relation to providing you pension. Applicant again submitted representation dated 18.09.2020 (Annexure A/13) which was rejected vide order dated 16.10.2020 (Annexure A/14) wherein respondents have stated that applicant is not being married wife of late Shyamlal therefor you are not eligible to get family pension”. Hence this Original Application.
Respondents in their reply have submitted that applicant married with Shri Omprakash and therafter without taking divorce she remarried with Shri Ram Singh and without taking divorce she remarried with Late Shri Shyamlal on 30.01.1984. Applicant was not proved the legally wedded wife by Hon’ble First Civil Judge Class-I Itarsi in Appeal No.RCA/03/2018 dated 14.09.2019 (Annexure A/9) therefore she is not entitled for family pension. Shri Hemant Kumar and children of Late Smt. Poonam (Sachin and Dolly) and Shri Vinay Someshwar the husband of Late Smt. Poonam (children of 1st wife of deceased employee) were entitled for payment of settlement dues hence was paid.
Applicant has submitted rejoinder to the reply filed by the respondents reiterated the averments made in the O.A. Further she has submitted that marriage with Omprakash and Ram Singh were separated from the customs of the society on 15.11.1976 and 23.10.1982.
Heard the learned counsel for the parties and perused the pleadings and documents annexed therewith.
The family pension is paid as a social welfare measure under which family pension scheme introduced in order to give financial relief to survivors of the deceased Railway employee or Government employee. Therefore, the request for sanction of family pension should be dealt with utmost priority so as to provide immediate financial relief to the survivor of the deceased employee.
It is evident that after the death of the deceased employee, the applicant applied for family pension as being the wife of her late husband. We noticed that what has been objected to by the other side is that she is claiming to be the wife of the said deceased. The respondents asked Smt. Kasturi Bai to produce the succession certificate of late husband, which she was unable to produce before the respondent department. The family pension in the present case can very well be processed by the pension sanctioning authority if sufficient proof of entitlement is produced by the claimant and all other conditions for grant of family pension are fulfilled. In combined nomination form for P.F. GIS and DCRG filled by the deceased employee, it shows the name of applicant as wife and also nominated to receive 50% amount. On perusal of Annexure A/3 applicant’s name Kasturi Bai is reflecting as wife in details of family. It is only because of succession certificate the claim of family pension could not be processed. The applicant has been declared as legally wedded wife of deceased Shyamlal vide decree dated 14.08.2018 passed by First Civil Judge Class II Itarsi.
In view of the aforesaid, this Original Application is hereby allowed. Impugned orders dated 16.10.2020 (Annexure P/14) and 30.06.2020 (Annexure A/12) are quashed and set aside. Matter is remitted back to the respondents to pass necessary orders regarding entitlement of family pension to the applicant in view of the observations made hereinabove, within a period of 90 days from the date of receipt of a copy of this order. Respondents shall pay family pension to the applicant from the date of her entitlement, i.e. October 2010 along with arrears and interest shall also be paid on such amount at the rate of interest payable on GPF from October 2010. No order as to costs.