PARVATI DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition is directed against the order dated 11.05.2012 passed by the Central Administration Tribunal, Principal Bench, New Delhi, in T.A. No. 05/2012. The petitioner's plea for compassionate appointment has been rejected. The petitioner was the second "wife" of Late Shri Raja Ram who was employed as Gangman in Delhi Division of Northern Railway. The said Late Shri Raja Ram was posted at Tughlakabad and died in service on 09.12.2000. It was contended by the learned counsel for the petitioner that the petitioner ought to have been granted the benefit of compassionate appointment on account of the fact that her husband had died in service. It was further submitted that though Late Shri Raja Ram had another wife, namely, Smt. Kailasho Devi, the two of them, that is, the petitioner and Kailasho Devi entered into a private arrangement whereby the pension of Late Shri Raja Ram was shared by them. It is further submitted by the learned counsel for the petitioner that Smt. Kailasho Devi's son had applied for compassionate appointment but he could not be given that appointment because he did not have the requisite qualifications. It is because of that reason that the petitioner is now seeking compassionate appointment in place of her deceased "husband" Late Shri Raja Ram.

(2.) THE Tribunal held that the petitioner cannot have any claim to compassionate appointment inasmuch as she cannot be regarded as a 'wife' of Late Shri Raja Ram inasmuch as that would be contrary to section 5 (1) of the Hindu Marriage Act, 1955 as the petitioner is alleged to have married Late Shri Raja Ram, when he already had a wife, namely, Smt. Kailasho Devi.

(3.) IT is apparent upon a plain reading of the said circular that compassionate appointment is not to be given to the second widow unless the administration has permitted the second marriage in special circumstances taking into account the personal law. Insofar as the personal law of the petitioner and Late Shri Raja Ram is concerned, they are governed by Hindu Law and consequently by the Hindu Marriage Act, 1955. That act does not permit a second marriage during the subsistence of a earlier marriage. As such the so -called marriage between the petitioner and Late Shri Raja Ram is not a recognized and valid marriage under Hindu Law. Therefore, there was no question of the administration having considered the question of granting permission for this second marriage. Even otherwise, as per para 3 of the Circular it is evident that cases for compassionate appointment to the second widow or her wards are not be forwarded to the Railway Board inasmuch as they are not to be considered for the said purpose.