ANITA Vs. UNION OF INDIA

JUDGEMENT

(1.) Review is sought by the contesting respondents of the common judgment dated 28.04.2011 disposing of the writ petition in which review is sought as well as W.P.(C) No.5159/2008, directing the Air Force to release the arrears of pension (together with interest if admissible thereon) pursuant to the demise of one Sh. Jai Rajan Paniker and to in future continue to pay the said pension in accordance with law, to the petitioner Smt. Anita. The respondent / review applicant Smt. Rita claims that the said Sh. Jai Rajan Paniker who had admittedly filed for divorce from the petitioner Smt. Anita had subsequently married her and the respondents Prerna Paniker and Hardek Paniker were born from the said wedlock. Pension was directed to be paid to the petitioner Smt. Anita for the reason of the marriage of Smt. Anita with the said Sh. Jai Rajan Paniker having admittedly not been dissolved and Rule 54 (6) of the CCS (Pension) Rules, 1972 providing for the right of the widow in the first instance to pension and for payment of pension to children only after the widow.

(2.) Notice of the review petition was issued on the counsel for the review petitioner referring to Rameshwari Devi Vs. State of Bihar, 2000 AIR(SC) 735 and till decision of the review petition, the direction for payment of pension to the petitioner Smt. Anita was confined to the extent of one-third only. Subsequently on being informed that notwithstanding the judgment dated 28.04.2011, no part of the pension had been disbursed to Smt. Anita till then, vide order dated 11.05.2012 the operation of the judgment was stayed. The counsels have been heard and have also filed written arguments. Though review was sought on several grounds but the counsel for the petitioner, as recorded in the order dated 13.05.2011, pressed review only on the basis of judgment aforesaid.

(3.) Direction in the judgment of which review is sought, for payment of family pension to the petitioner Smt. Anita was issued only for the reason of the Rule qua pension providing for the first right of the widow thereto, even though the entitlement of the children, if ultimately held to be of the deceased Sh. Jai Rajan Paniker, though from an illegal or void marriage, under Section 16 of the Hindu Marriage Act, 1955 was noticed. The Supreme Court in Rameshwari Devi has held that 'when a Hindu male dies intestate, the children of the deceased employee born out of the second wedlock would be entitled to a share in the family pension ..(though) only till they attain majority'.