Nirmla Devi vs BBMB and Others

Surjit Singh, J.—Heard and gone through the record.

Late Shri Bakshi Ram was employed as Chowkidar with the Respondents. He died on 17.10.2007, while still in service. On his death, his widow, namely Nirmla Devi, Petitioner herein, applied for grant of family pension. She has been sanctioned family pension to the extent of 50% of the total family pension, payable to the dependents of deceased Bakshi Ram. She claims that she is entitled to full pension, being the widow of deceased Bakshi Ram.

Stand taken by the Respondents is that Bakshi Ram had two wives. His first wife was Premi Devi and the second one is the present Petitioner and the Petitioner being one of those two wives, is entitled to only 50% of the total pension.

Petitioner has very specifically pleaded that Premi Devi, who was the first wife of the Petitioner, had died on 8.4.1992, and that it was after the death of said Premi Devi that the Petitioner married Bakshi Ram. Date of her marriage is stated to be 29.4.1993. That means, according to the Petitioner, she married deceased Bakshi Ram, after his first wife Premi Devi was no more. This factual aspect of the matter is not controverted by the Respondents.

Now, if the Petitioner married deceased Bakshi Ram after the death of his first wife Premi Devi, this is not a case of deceased employee having two widows at the time of his death, in which case if both are lawfully wedded wives, both of them are entitled to one half of pension. Hence, the view taken by the Respondents is palpably wrong and incorrect and, hence, illegal.

Consequently, writ petition is allowed and Respondents are ordered to pay the entire amount of family pension, due on account of death of Bakshi Ram, to the Petitioner from the date of death of Bakshi Ram. Arrears of remaining 50% pension shall be paid to her within two months from today. In case order is not complied with within the aforesaid fixed time of two months, interest @9% per annum shall be payable, on the amount of arrears from the date(s) the arrears become due. Writ petition stands disposed of.