UNION OF INDIA Vs. V.GANGADHARAN

JUDGEMENT

(1.) The respondents in OP(CAT) 168/2014 on the file of Central Administrative Tribunal are the petitioners in this Original Petition. The Original Petition was filed by the respondent/applicant herein for a declaration that the non- feasance on the part of the respondent to include the name of K.Sathyabhama as the applicant's wife, as a family pension beneficiary and for all other purpose like post retirement benefits, medical treatments etc is arbitrary, discriminatory contrary to law and unconstitutional. There were also other consequential reliefs also prayed for .

(2.) The case of the respondent/applicant before the Tribunal is that he is a retired railway employee, who superannuated on 31.12.2012, while working as Goods Guard(Traffic). According to the respondent/applicant, he married Smt.K.Sathyabhama, the elder sister of his wife late Sreedevi who died on 31.12.2011. Thereafter respondent /applicant submitted an application before the authorities, with a request to change the nominee in his service records. Death certificate of his first wife Sreedevi and marriage certificate evidencing his marriage with K.Sathyabhama were also produced along with the application. The grievance of the applicant is that, no action is taken by the authorities based on his request, eventhough he submitted all the documents before the authorities. In such circumstances, the above Original Application was filed before the Tribunal.

(3.) Before the Tribunal, the petitioners herein, who are respondents before the Tribunal, took a stand that the application of the respondent/applicant cannot be considered because, he has failed to produce the death certificate of the first husband of K.Sathyabhama. The admitted case of the applicant was that, the husband of K.Sathyabhama passed away on 7.2.1983 and the relatives of K.Sathyabhama had unwittingly failed to register his death. According to the petitioners/respondents, the failure of K.Sathyabhama and her relatives to register the death of her husband is a violation of statutory provisions contained in the Registration of Births and Deaths Act , 1969. As per Rule 21 of the Railway Servants Conduct Rules, 1966, no railway servant shall enter into a contract of marriage with a person having a spouse living. When there is such a provision in the Rules, the petitioner/respondent insists that a death certificate of the husband of K.Sathyabhama, who is the present wife of the respondent/applicant, be produced for entering her as the nominee of the respondent/applicant.