Ram Roop Ram vs Union Of India And Ors

Whether, a retired employee whose legally wedded wife died and who, thereafter, legally married another woman, is entitled to get the said legally wedded second wife's name entered in his Pension Payment Order (PPO) for the purpose of family pension, is the question fell for our consideration in this OA?

The brief facts necessary for the disposal of this OA are that the applicant, a Laboratory Assitant originally married one Smt. Sita Devi, whose date of birth is 10.07.1953. He had no issues through the said Sita Devi. Her name was entered as his wife in all the service records of the applicant. However, he married another Sita Devi (date of birth 14.01.1971), even while his first wife Smt. Sita Devi (date of birth 10.07.1953) was alive. Hence, the respondent authorities on the charge that he married another lady whose name was also Sita Devi (date of birth 14.01.1971), while his first wife Smt. Sita Devi (date of birth 10.07.1953), was alive after following due procedure and after conducting regular departmental enquiry, imposed a penalty of compulsory retirement, with all benefits, i.e., full pensionary benefits (Pension, Gratuity) based on length of qualifying service as per CCS (Pension) Rules, 1972 on the applicant, vide Anneuxre A-2 order dated 27.04.2012. Thereafater, the applicant made an application stating that his first wife, namely, Sita Devi (date of birth 10.07.1953) died on 19.08.2009, i.e., even before he was compulsorily retired from service and thereafter, he married another lady also known as Sita Devi (date of birth 14.01.1971) and through whom he has got three sons, namely, (i) Roshan Prakash (ii) Jai Prakash and (iii) Raju and accordingly he requested for entering his second wife's name in his PPO for the purpose of granting of family pension. But the respondents, vide the impugned order Annexure A-1 while rejecting the request of the applicant to include the name of his second wife Mrs. Sita Devi (date of birth 14.01.1971) for the purpose of family pension stated that the name of his first son Roshan Prakash was entered as family pensioner in the revised PPO. Hence the OA.

The applicant submits that since the year 1980, his first wife Sita Devi (date of birth 10.07.1953) was seriously ill and had not recovered from the said illness till her death, i.e. on 19.09.2009. She was totally bed ridden and needed moral and physical help for her survival. As the applicant was the only bread earner and that as he was a Government employee, he was not able to attend her all the time in view of her illness as he had no issues from the said first wife, he wanted to support her in her hour of need and in those arduous and difficult circumstances, during October, 1999, he married Ms. Sita Devi (date of birth 14.01.1971) and the said second wife only looked after his ailing first wife till her death. The respondents without understanding the human problems, compulsorily retired the applicant from service on the charge of entering into a second marriage while his wife was alive. The applicant after the death of his first wife, married Ms. Sita Devi (date of birth 14.01.1971) again, and as on that date, his first wife was not alive, and there was no bar to marry for a second time. Accordingly, Ms. Sita Devi (date of birth 14.01.1971) becomes his legally wedded wife from the date of marriage and entitled for all the benefits, including family pension, as per rules.

On the other hand, the respondents quoting Rule 54 (7) of the CCS (Pension) Rules, 1972, rejected the claim of the applicant to enter the name of his second wife, i.e. Smt. Sita Devi (date of birth 14.01.1971) for the purpose of family pension and stated that changing of family details after retirement is not possible.

Heard Shri Anil Singal, the learned counsel for the applicant and Shri Rajinder Nischal, the learned counsel for the respondets and perused the pleading on record.

The applicant married Sita Devi (date of birth 14.01.1971) for the first time when his first wife Smt. Sita Devi (date of birth 10.05.1953) was alive and on the said charge, he was compulsorily retired froim service vide Annexure A-2 order dated 27.04.2012. The marriage performed between the applicant and Smt. Sita Devi (date of birth 1401.1971), at that time was invalid, as his wife Smt. Sita Devi (date of birth 10.07.1953) was alive at that time. The legally wedded first wife of applicant (date of birth 10.07.1953) died on 19.09.2009, i.e., even before the applicant was compulsorily retired from service. It is the specific case of the applicant that he married Smt. Sita Devi (date of birth 14.01.1971) again for the second time after his first wife's death. Therefore, it cannot be said that the marriage performed by the applicant with Sita Devi (date of birth 14.01.1971) after the death of first wife, is invlaid. Consequently, Sita Devi (date of birth 14.01.1971) becomes his legally wedded wife from the date of her marriage with the applicant which was performed after the death of first wife.

Now it is to be seen that whether applicant is entitled for entering the name of his legally wedded second wife in his Pension Payment Order (PPO) for the purpose of granting family pension along with his sons who were born to the very same wife Sita Devi (date of birth 14.01.1971). The relevant part of Rule 54 of the CCS(Pension) Rules, 1972 reads as under:-

"54. Family Pension, 1964

(7)

(a)

(i)

Where the family pension is payable to more widows than one, the family pension shall be paid to the widows in equal shares.

(ii)

On the death of a widow, her share of the family pension shall become payable to her eligible child :

Provided that if the widow is not survived by any child, her share of the family pension shall not lapse but shall be payable to the other widows in equal shares, or if there is only one such other widow, in full, to her.

(b)

Where the deceased Government servant or pensioner is survived by a widow but has left behind eligible child or children from another wife who is not alive, the eligible child or children shall be entitled to the share of family pension which the mother would have received if she had been alive at the time of the death of the Government servant or pensioner.

Provided that on the share or shares of family pension payable to such a child or children or to a widow or widows ceasing to be payable, such share or shares shall not lapse, but shall be payable to the other widow or widows and/or to other child or children otherwise eligible, in equal shares, or if there is only one widow or child, in full, to such widow or child.

(c)

Where the deceased Government servant or pensioner is survived by a widow but has left behind eligible child or children from a divorced wife or wives the eligible child or children shall be entitled to the share of family pension which the mother would have received at the time of the death of the Government servant or pensioner had she not been so divorced.

Provided that on the share or shares of family pension payable to such a child or children or to a widow or widows ceasing to be payable, such share or shares, shall not lapse, but shall be payable to the other widow or widows and/or to the other child or children otherwise eligible, in equal shares, or if there is only one widow or child, in full, to such widow or child.

(d) where the family pension is payable to twin children it shall be paid to such children in equal shares :

Provided that when one such child ceases to be eligible his/her share shall revert to the other child and when both of them cease to be eligible the family pension shall be payable to the next eligible single child/twin children.

XXX XXX XXX

The Relevant Government of India's decisions, issued under Rule 54 :-

(16) Endorsement of family pension entitlement of post-retiral spouses in the PPO - The question of laying down the procedure for endorsement of family pension entitlement of post-retiral spouse in the Pension Payment Order of the pensioner has been under consideration of this Department. It has now been decided that the following procedure may be followed for endorsement of family pension entitlement of post retiral spouse in the Pension Payment Order of Central Government Civil Pensioners :-

(i) As and when a pensioner marries or re-marries after retirement, he shall intimate the event to the Head of Office who processed his pension papers at the time of his retirement. He shall  also furnish along with his application an attested copy of the marriage certificate from Registrar /Gram Panchayat/District Magistrate in respect of his post-retirement marriage.

(ii) The Head of Office on receipt of the application mentioned above and after due verification where necessary, forward the papers to the concerned Pay & Accounts Officer for issue of corrigendum PPO. While forwarding the papers to the Pay & Accounts Officer, the provisions of Clause (b) of sub-rule (7) of Rule 54 of the CCS (Pension) Rules, 1972, shall be kept in mind. When the pensioner does not have any child or children from his previous marriage, if any, the post-retiral spouse shall be eligible for full family pension. Where the pensioner has any eligible child or children from another wife who is not alive, the family pension to the post-retiral spouse and the child/children from the previous marriage will be authorized in terms of Clause (b) of sub-rule  (7) of Rule 54 ibid.

(iii) The corrigendum PPO shall be forwarded by the Pay & Accounts Officer to the concernedpension disbursing authority through the Central Pension Accounting Office. A copy of the corrigendum PPO shall also be endorsed to the pensioner.

(iv) As far as children, including those born after retirement, are concerned, a fresh PPO will be issued as and when the turn of each child for receipt of family pension is reached as at present.

The application will be submitted in the attached proforma.

These orders do not apply to Railway employees, persons paid from the Defence Services Estimates and the members of All India Services. Separate orders in respect of them would be issued by the respective Ministries.

In their application to the families of pensioner who retired/retire from Indian Audit and Accounts Department, these orders have been issued after consultation with the Comptroller and Auditor-General.

[G.I.,  Dept.  of  P.  &  P.W.,  O.M.  No.  1  (23)-P. P.W./91-E, dated the 4th November, 1992.]"

Rule 54 (7) ibid is pertaining to a situation where the family pension is payable to more wives than one, but the present case does not pertain to such instance. In the instant OA, it is the contention of the applicant that his first wife died on 19.08.2009 and that the applicant was compulsorily retired from service on 27.04.2012 and thereafter, he married Sita Devi (date of birth 14.07.1971) of course, second time, and accordingly, he is entitled for getting her name entered in the PPO as his wife for the purpose of granting family pension. It is not the case of the respondents that his first wife Mrs. Sita Devi (date of birth 10.07.1953) not died on 19.09.2009 and is alive even today and as a result his marriage with the second Sita Devi (date of birth 14.01.2017), which was said to have been performed after the death of his first wife, is invalid. Though the applicant was compulsorily retired from service on the charge of his marriage with Sita Devi (date of birth 14.01.1971) while his first wife Mrs. Sita Devi (date of birth 10.07.1953) was alive, but there is no bar under the law for marrying another lady after the death of his first wife.

The CCS (Pension) Rules, 1972 have been made for the purpose of effective implementation and payment of pension and family pension, as the case may be. As long as it is stated that the marriage of the applicant with Sita Devi (date of birth 14.01.1971) which was said to have been performed after the death of his first wife, and once Sita Devi (date of birth 14.01.1971) is his legally wedded wife, as on today, the applicant is entitled to get her name added in the PPO for the purpose of family pension. The respondents though stated that the change of the family details after retirement is not permissible but failed to show any rule to this effect. The respondents having entered the name of the three sons of the applicant who were born through his second wife Sita Devi (date of birth 14.01.1971), cannot deny the same benefits to their mother, i.e., Smt. Sita Devi (date of birth 14.01.1971) once she becomes the legally wedded wife. Her earlier status, i.e., during the life time of first wife of the applicant, cannot come in her way to become a legally wedded wife of the applicant once he married her after the death of his first wife.

To meet the instances, such as the one on hand, the Government issued orders under Rule 54 vide OM dated 04.11.1992 (ibid). The said Government order provides a specific procedure for endorsement of family pension entitlement of post retiral spouse to the PPO of the pensioner. Therefore, the contention of the respondents that change of family details after retirement is not possible is unsustainable.

In the circumstances and for the aforesaid reasons, the OA is allowed and the impugned orders are quashed and respondents are directed to consider the claim of the applicant for entering the name of his second wife Smt. Sita Devi (date of birth 14.01.1971) as the family pensioner in his PPO, however, after following the procedure prescribed in the relevant Government order, within a period of 90 days from the date of receipt of a copy of this order. No costs.