GEETA BAI Vs. UNION OF INDIA

JUDGEMENT

(1.) In this petition filed under Art. 226 of the Constitution, the petitioner Smt. Geeta Bai, the second wife of Late Omkar Prasad Singh prayed for a direction to grant her family pension and set aside the order dated 16-03-2012 (Annexure P/10) whereby her claim to grant family pension was rejected by the respondents.

(2.) The case of the petitioner is that marriage of the petitioner was solemnized with deceased-employee under the Special Marriage Act on 23- 02-1983. Admittedly, first wife of deceased-employee was alive when aforesaid marriage was solemnized. The first wife died on 05-09-199 Shri Omkar Prasad Singh also expired on 14-07-2011. The petitioner submitted her claim for grant of family pension by contending that being the second wife, she has a right to claim family pension.

(3.) Shri Neeraj Dubey, learned counsel for the petitioner fairly submits that for the purpose of examining entitlement of the petitioner Pension Regulations for the Army, 1961 (hereinafter called as Regulations) would be relevant and CCS (Pension) Rules are not applicable. By placing WP. No. 12437 of 2012 reliance on various provisions of the regulations, it is contended by Shri Dubey that the petitioner being the second wife is entitled to get family pension. In support of his contention, he relied on a Single Bench Judgment of Madras High Court in the case of S. Kamatchi Vs. Accountant General.