Kamar Jaha vs Bharat Sanchar Nigam Limited & Ors.

The applicant has filed this O.A. seeking the relief(s), which are quoted herein below: -

The facts of the case, as per pleadings in the O.A., are that the husband of applicant namely Abdul Rashid Ansari was a permanent employee of the respondents’ department and he was retired on 30.06.2005 from the post of Binnial Cadre Review Grade-III and had been receiving the pension till his death on 25.10.2024. It is submitted that the first wife of Abdul Rashid Ansari died on 22.11.2009. However, the second wife of Abdul Rashid Ansari died on 10.05.2018. Thereafter, the applicant married with Abdul Rashid Ansari on 12.11.2019 and since then she had been living with her husband - Abdul Rashid Ansari who died on 25.10.2024. It is submitted that in the death certificate of Abdul Rashid Ansari, name of applicant is mentioned as wife. In the other immovable property left by the deceased employee and in the family register, name of applicant has been recorded as wife of the deceased employee. In the near relative certificate issued by the Tehsildar on 11.03.2025, also name of applicant was record as wife of Abdul Rashid Ansari. Thereafter, the applicant had claimed for family pension, however, respondents have rejected the claim of applicant vide impugned order dated 01.07.2025 on the ground that since the name of applicant is not mentioned in the service record of Abdul Rashid Ansari, hence, she is not entitled for family pension. It is claimed by the applicant that in spite of repeated request made by the applicant, her name was not recorded in the service book of Abdul Rashid Ansari. Hence, she has filed the present O.A.

Counsel for the applicant has relied upon the case laws, Nikahnama, death certificate of deceased employee and family register certificate and submitted that the applicant is entitled for family pension.

The respondents have filed their counter affidavit and pleaded that the Late Abdul Rashid Ansari retired from Bharat Sanchar Nigam Limited Varanasi on 30.06.2025. The deceased employee sent a letter dated 20.01.2018 requesting to add the name of his second wife Nahid Jahan in the PPO as his first wife Tahera Ansari died on 11.11.2009 and he remarried with Nahid Jahan on 10.12.2012. A photocopy of the department-issued medical card (MRS Card) was also submitted, which listed his second wife Nahid Jahan as wife and a daughter Noori Saba Ansari. However, due to incomplete documents, the department issued a letter dated March 10.01.2018, to the deceased employee to complete the formalities by appearing in the Pension Section. However, he had not appeared. In the month of August 2018, the employee applied for updating the MRS card to delete the name of his second wife Nahid Jahan as she died on 10.05.2018 and daughter Noori Saba Ansari got married on 07.04.2018. After the above, neither any communication was made by the employee nor was the MRS card ever updated. On 03.05.2025, the department received an anonymous, unsigned letter dated 29.04.2025. According to that letter Tahera Ansari was the first wife of Abdul Rashid Ansari, died on 22.11.2009, and the second marriage of him was with Nahid Jahan on 10.12.2012, who died on 10.05.2018. The Abdul Rashid Ansari died on October 25, 2024, and a woman named Kamar Jahan is claiming family pension. The said letter also states that Kamar Jahan, the wife of Azam Ali, a resident of Kazipur, currently resides in Noorkhanpur, Police Station-Bhadohi, District-Bhadohi, was married to a man named Azam Ali on March 23, 2008. They have three children, and Kamar Jahan is a very cunning and clever woman. She was sentenced to 10 years in prison by the court. She is currently out on bail, while her husband Azam Ali is facing trial. A legal notice dated 03.06.2025 was also received by the department wherein an Advocate Shri Prabhat Kumar, Civil Court, Gyanpur, Bhadohi submitted that the applicant is the second wife of the deceased employee and she has full right to receive the family pension and other benefits of the deceased employee. In reply, the respondents’ department vide letter dated 01.07.2025 informed him that the applicant was not listed in any of the department documents and further the respondents asked for any evidence of succession documents, however, no response was received from the aforesaid Advocate. It is also submitted by the respondents that from the facts and submissions mentioned above, it is clear that the respondents have not committed any illegality or infirmity in the case of applicant hence, the O.A. is liable to be dismissed.

The applicant has also filed the rejoinder, reiterating the facts as contended in the pleadings of O.A.

Heard, counsel for the parties and perused the pleadings available on record.

The relief prayed by the applicant are to direct the respondents to pay the family pension to her. In this regard, she has relied upon Nikahnama, death certificate of deceased employee and family register certificate and submitted that she is entitled for family pension. Per contra, the respondents have submitted that the deceased employee had married with two ladies, however, both were died but, the name of applicant has not been recorded in the service book of deceased employee. The deceased employee - Abdul Rashid Ansari died on October 25, 2024, and a woman named Kamar Jahan is claiming family pension. The said letter also states that Kamar Jahan, the wife of Azam Ali, a resident of Kazipur, currently resides in Noorkhanpur, Police Station-Bhadohi, District-Bhadohi, was married to a man named Azam Ali on March 23, 2008. They have three children, and Kamar Jahan is a very cunning and clever woman. She was sentenced to 10 years in prison by the court. She is currently out on bail, while her husband Azam Ali is facing trial. From the record, it is also apparent that the Civil Suit No. 198/2016 has been instituted by the applicant along with her three children against Azam Ali, claiming to be his wife and sought for maintenance and a Criminal Case No. 1830 of 2017 Under Section 326 (A), 323, 504 and 506 I.P.C. is also pending against the applicant before the Court of Chief Judicial Magistrate, Bhadohi, Gyanpur. Counsel for the applicant has also relied upon one Judgment of ‘Smt. Bhagwanti and anr. V. Union of India, decided on 29.08.1989 AIR 1989 Supreme Court 2088’. After perusal of the aforesaid Judgment, it appears that facts and circumstances of the relied upon Judgment and present matter are different. The applicant has also failed to supply any succession certificate and the documents on which she has relied upon are not reliable documents. Hence, I am not convinced with the argument made by the applicant’s counsel and in the absence of any reliable material, the claim of applicant for family pension cannot be acceded to and accordingly there is no merit in the O.A., which deserves to be dismissed.

In view of the above discussion, I am of the considered opinion that there is no merit in the O.A. and the same is hereby dismissed. No order as to costs. All the pending MAs shall be deemed to have been disposed of.