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Judgment
Justice Sanjay Karol, J.—Petitioner has prayed inter alia for the following reliefs:-
a) The respondents may kindly be directed to issue revised PPO No.31103/95 & raising the pension from Rs.142/- to Rs.214/- p.m. w.e.f. 1.9.79 with future revisions accordingly.
b) The respondents be also directed to grant family pension to the wife of the applicant admissible after his death.
In terms of the impugned order dated 27.9.2005 (Annexure P-7), respondents have rejected the petitioner''s request for increase of pension from Rs. .142/- to Rs. .214/-p.m. by making following observations:-
I am to invite a reference to Endorsement No. O.A. (M)134/2005 dated 20.08.2005 on the subject cited above and also to Annexure PB and PC and to state that you were dismissed w.e.f. 31-08-1979 and as such compassionate allowance not exceeding 2/3rd of the pension admissible under rule was authorized to you in accordance with rule 41 of CCS (P) Rules, 1972.
As per you affidavit enclosed with pension paper you were married to your second wife in 1973 during the life time of your first wife who died sometimes in 1975. So as per GID 13 below Rule 54 of CCS (P) Rules, 1972 the second wife is not entitle to family pension as she is not a legally wedded wife.
It cannot be disputed that the petitioner married second time during subsistence of his first marriage. At that time, his wife was alive. As such, there is no error in the order passed by respondent No.1. The petition sans merit and is dismissed accordingly. Disposed of as such, so also the pending application(s), if any.