Smt. Radha Devi, W/o Balwant Singh Rawat vs Union of India, represented by the Commissioner and Secretary to the Union Govt. of India, Home Affairs, & Ors.

Heard Mr. L. Khyriem, learned counsel appearing on behalf of the petitioner as well as Mr. K. Paul, learned CGC appearing on behalf of the

respondents/Union of India.

.The brief fact of the petitioner''s case in a nutshell is that:

The petitioner is the legally married second wife of Late Balwant Singh Rawat who had served under the Assam Rifles and retired on

31.08.1993. That since the 1st wife of Late Balwant Singh Rawat namely Damayanti Devi had no issue, he had decided to go in

second marriage for the sake of continuing his lineage. Therefore, in 1970, Lt. Balwant Singh Rawat with full consent of his 1st wife

solemnized a social second marriage with the present petitioner. As a mark of their conjugal life a son was born to them, who is now

about 45 years old namely, Nagendra Singh, who is also serving under 29 Assam Rifles. That after the demise of her husband Late

Balwant Singh Rawat on 10.09.2001 his first wife namely Lt. Damayanti Devi had been receiving the Monthly Family Pension

allowed as per the respective law until her death on 4.10.2015. It is pertinent to mention here that during the life time of 1st wife

namely Damayanti Devi, she was used to distribute the said Monthly Family Pension received by her in 50=50 manner with the

present petitioner. Until her death this convention was continued, there had never arisen any controversy in distribution of the monthly

family pension of Lt. Balwant Singh Rawat. This way the 1st wife as well as the petitioner as second wife had never faced any trouble

or hardship of any kind and which had undisputedly helped both the parties to excel their livelihoods. But after the sudden demise of

1st wife the Respondent authorities has immediately stopped the Monthly Family Pension, as a result the present petitioner is affected

directly from such one sided decision of the respondents. That soon after halt of the family pension by the respondents, the present

petitioner had immediately approached before the concerned authority with a request to continue the Monthly Family Pension in her

favour, since she is the legally married second wife of Lt. Balwant Singh Rawat. But unfortunately, the Respondent authorities

informed her vide Memo No. 350747/7 Sect(AR)/ PG Cell/2016, dated 08 Aug 2016, that since her name was not found in the

service record in terms of rule 54(16) of CCS (Pension) Rules 1972, therefore they were unable to accept her request for

continuance of the family pension, as such in her name. That since the 1st wife had no issue and in such circumstances, Lt. Balwant

Singh Rawat got into marriage with the present petitioner, and that also with the full consent of the 1st wife, therefore the present

petitioner is fully entitled to receive the Monthly Family Pension as well as the arrear family pension w.e.f. 5.10.2015 till date. More

so, the petitioner is about 65 years old lady who is fully dependent for her livelihood upon the whims of her only son. But from the

practical point of view, the family pension as she is entitled for if released immediately that will be regarded as vital assistance to her

livelihood so as to minimize her dependency upon her sole son who has to maintain his own family. On the other hand, from the

humanitarian as well as compassionate point of view also the petitioner is entitled to receive the Monthly Family Pension as well as

arrear family pension w.e.f. 5.10.2015 till date. That the petitioner is currently suffering from various old age ailments; she has to go

frequently for medical checkup, continued medication for which she needs a huge monetary assistance which she lacks. Therefore,

she has approached to this Hon''ble High Court with a hope that her voice would be heard by this Hon''ble High Court considering

her cause from humanitarian point of view as well as on compassionate ground.

Hence, this writ petition.

The learned counsel for the petitioner submits that the deceased husband of the petitioner Late Balwant Singh Rawat was serving under the

Assam Rifles as Subedar Major and retired on 31.08.1993. He further submits that Late Balwant Singh Rawat during his service, married with the

first wife namely, Lt. Damayanti Devi. He also contended that the deceased husband, Late Balwant Singh Rawat married the petitioner as the first

wife failed to conceive a child.

The learned counsel for the petitioner also informed the Court that the petitioner as well as the first wife are both sisters. He also submits that the

petitioner, who is the second wife, conceived a son from the deceased husband Late Balwant Singh Rawat and further submits that after the death

of the deceased husband, both the wives used to share the monthly family pension equally amongst them, and thereafter first wife died on

4.10.2015. Thereafter, the respondents stopped the monthly family pension. Hence, this instant petition for necessary directions.

In reply to the submission advanced by the learned counsel for the petitioner, the learned CGC submits that they find it difficult to give pension

to the second wife as her name is not reflected in the service book.

After hearing the submissions advanced by the learned counsel for the parties, it is an admitted fact that the petitioner married the deceased

husband, Late Balwant Singh Rawat, who was serving under the Assam Rifles as Subedar Major. During the lifetime of the first wife, he married

with the petitioner as the first wife failed to conceive a child. It is also undisputed that the first wife and the second wife were sharing the monthly

family pension amongst them after the death of Balwant Singh Rawat (Subedar Major) since there was no objection from the family members of

the deceased husband (Subedar Major). Hence, I feel that there is no harm in releasing the pension in favour of the petitioner as their marriage is

not disputed and moreover, she was enjoying half of the pension during the lifetime of the first wife. Therefore, just because the name of the second

wife is not reflected in the service book of the deceased husband, Balwant Singh Rawat, it does not mean that they cannot allow the pension to the

petitioner. Hence, I direct the respondent''s authority, on humanitarian ground, to release the full pension to the petitioner whatever she is entitled,

as per the rule within a month from the date of receipt of this judgment and order.

With this observation and direction the instant writ petition is allowed to that extent and stands disposed of.