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Judgment
Ajay Mohan Goel, Judge (Oral)
By way of this writ petition, the petitioner has, inter alia, prayed for the following reliefs:-
“(i)Issue an appropriate writ, order or direction, more particularly a writ in the nature of Mandamus, directing the respondents to sanction, release and disburse family pension in favour of the petitioner, being the surviving of Late Sh. Khub Ram (PPO No. 36855/HP), who expired on 13.10.2014, by substituting the name of the petitioner in the pension records, with all consequential benefits;
(ii)Issue an appropriate writ, order or direction directing the respondents to release the entire arrears of family pension payable to the petitioner from the date she became legally entitled thereto, together with all consequential monetary benefits, along with interest at the rate of 18% per annum, or such rate as this Hon'ble Court may deem fit and proper, for the illegal, arbitrary and unjustified withholding of the petitioner's lawful pensionary benefits;
(iii)Issue an appropriate writ, order or direction directing the respondents to pay suitable compensation/costs to the petitioner for the prolonged and arbitrary denial of her lawful family pension for more than a decade, despite repeated representations, which has caused her severe financial hardship, mental agony and unnecessary litigation, for no fault attributable to the petitioner.”
The case was adjourned on two occasions, to enable learned counsel for the petitioner to assist the Court on the issue of maintainability of the writ petition. Learned counsel for the petitioner submits that he is ready with the arguments.
Facts necessary for the adjudication of the instant petition are that Shri Khoob Ram, who was serving as a Junior Basic Teacher (JBT) with the Education Department, superannuated from service on 1.6.1996. After his death, his legally wedded wife Smt. Khimi Devi was granted family pension. Smt. Khimi Devi died on 02.07.2023. After her death, the petitioner has approached this Court with the prayer that the respondents be directed to release family pension in her favour being the surviving widow of late Shri Khoob Ram.
Having heard learned counsel for the petitioner and having perused the averments made in the writ petition as also the documents appended therewith, this Court does not find any merit in this petition.
It is a matter of record, as has also been fairly submitted by learned counsel for the petitioner that the first wife of late Shri Khoob Ram was Smt. Khimi Devi. It is so stated in ParagraphNo. 5 of the petition. As per him, the petitioner also happens to be the legally wedded wife of late Shri Khoob Ram and they solemnized marriage on 05.12.1970, which was duly recorded and registered in the Panchayat record. He submitted that the second marriage was solemnized by Khoob Ram, as no children were born out of the wedlock with his first wife. This Court is of the considered view that in the light of the fact that late Shri Khoob Ram, died leaving behind his first wife, who was duly paid the family pension after the death of Shri Khoob Ram, the petitioner, who claims herself to be the legally wedded second wife of deceased employee, cannot claim family pension after the demise of the first wife of the employee. Had it been a case that the first wife of Shri Khoob Ram had passed away before Shri Khoob Ram died, then it would have been a separate matter altogether, because under that circumstance, obviously, family pension would not have been paid to the first wife of the deceased employee. However, herein, as after the death of Shri Khoob Ram, the first wife of the deceased employee was paid the family pension and as obviously, the second marriage during the subsistence of the first marriage, is no marriage in the eyes of law, in the peculiar facts of this case, wherein the first wife did receive family pension after the death of Shri Khoob Ram, the petitioner is not entitled for the relief of grant of family pension after demise of the first wife of the late Shri Khoob Ram.
The reliance placed on behalf of the petitioner on the judgment of the Hon’ble Supreme Court of India in Radha Devi versus Chief General Manager and others, Special Leave Petition Number 2365 of 2022, decided on 26th July 2024, is also of no assistance to the petitioner. In the said case, Jay Narayan Maharaj was married to Ram Sawari Devi @ Sawari Devi and during the subsistence of the said marriage, he married Radha Devi. However, Ram Sawari Devi @ Sawari Devi died on 20.04.1984, whereafter Jay Narayan Maharaj and Radha Devi had lived and cared for each other post the death of Ram Sawari Devi as per the judgment of the Hon’ble Supreme Court of India. Thus, in the said case the first wife of the employee died before the death of the employee. It is in these circumstances that after the death of the employee, in exercise of power under Article 142 of the Constitution of India, the Hon’ble Supreme Court was pleased to direct that Radha Devi shall be paid family pension. Firstly, these directions have been issued by the Hon’ble Supreme Court of India under Article 142 of the Constitution of India, which in the humble opinion of this Court cannot be quoted as a precedent by the petitioner and secondly, unlike the fact situation in Radha Devi's case herein, the first wife of the deceased employee was alive at the time of his death and thereafter, she was granted family pension till her death.
Accordingly, in the light of above discussions made hereinabove, the instant writ petition is dismissed, so also the pending miscellaneous applications, if any.