MEETA NATHANIEL Vs. UNION OF INDIA

JUDGEMENT

(1.) THE applicant has preferred this Original Application for payment of family pension, which has been denied to her on the ground that she was not the legally wedded wife of the deceased employee.

(2.) THE brief facts of the case are that the deceased employee Late Victor Nathaniel was having two wives. His first wife was Smt. Helen Nathaniel and he made her name recorded in the nomination filed on 02.09.1988 (Annexure R -1). However, latter the deceased employee nominated applicant as his wife and Michael Nathaniel & Nikita Nathaniel as his children. Thus, there were names of two wives in the official records of the respondents' organization. This discrepancy came to notice of respondents in the year 2009 when Service Book of the deceased employee was checked for settling pension case. Accordingly, vide letter dated 20.08.2009 (Annexure R -3), the deceased employee was asked to verify position regarding this discrepancy. The deceased employee was further reminded vide letter dated 17.9.2009 (Annexure R -4) wherein it was mentioned that due to no reply, the nomination made in favour of second wife will now be treated as cancelled. Thereafter, vide letter dated 01.10.2009 (Annexure R -5), he was asked to produce passport size photographs of Smt. Helen Nathaniel for completing pension formalities. On this communication, the deceased employee submitted letter dated 8.10.2009 (Annexure A -4) informing the respondents that his first marriage broke -off and the wife left house long ago, and further, there is no provision of divorce in Christian Marriage Act.

(3.) THE learned counsel for applicant submitted that the applicant is legally wedded wife of the deceased employee. In this regard, copy of marriage register book has been filed as Annexure A -3, according to which her marriage was performed in January, 1987. The Court of 4th Additional District Judge, Jabalpur has already passed order for issuance of succession certificate in her favour for grant of family pension. Therefore, the applicant is entitled to get family pension as per the provision of Rule 54(7)(a)(i) of the CCS (Pension) Rules, 1972 which provides for grant of family pension in equal shares, in case there are two widows of the deceased employee. Relying on the judgment of Bombay Bench of this Tribunal in O.A No. 2133 of 2012 (Smt. Ganeshibai alias Sunderibai Vs. The Union of India & Ors.), the learned counsel for the applicant submitted that the applicant is entitled to get 50% of the normal family pension.