PURNIMA MALAKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner in W.P(C) No. 5189/2017 is the opposite party No. 11 before the CAT, Guwahati in O.A. No. 040/00329/2015 and petitioners in W.P.(C) No. 3400/2017 are the Railway Authorities who were arrayed as Petitioners No. 1 to 10 in O.A. No. 040/00329/2015. Since both these writ petitions are directed against the order dtd. 21/2/2017 passed by the CAT, Guwahati in O.A. No. 040/00329/2015, the matters are heard and taken up for disposal together. The respondent in the writ petition filed the Original Application before the CAT, Guwahati claiming to be the widow of one late Sanjit Malakar who was working as SFW/2 N.F. Railway, Lumding and was a resident of Relief Yard Colony, Lumding, District: Hojai, Assam challenging the orders passed by the respondent-Railways dtd. 11/9/2015. By the said order, the Railway authorities disposed of the application received from the writ petitioner and the respondent, both claiming to be legally wedded wife of the deceased Railway employee late Sanjit Malakar holding that the writ petitioner-Purnima Malakar was the 'legal wife' of late Sanjit Malakar and that she was eligible for payment of funeral assistance and family pension, GIS, leave salary and DCRG as well as compassionate ground appointment as per Pension Manual Rules. The Railway authorities further held that the status of Sippo Malakar namely the respondent No. 11 (Applicant before the CAT, Guwahati) was as the second wife of the deceased. Since the said deceased, Railway employee late Sanjit Malakar, did not take any prior permission for second marriage as per the Rules, the second marriage with Sippo Malakar was void and as a consequence, she was not entitled for settlement of dues of late Sanjit Malakar. It was further held that Miss Champa Malakar who claims to be the daughter borne out of the wedlock of late Sanjit Malakar and Sippo Malakar is entitled to her share of settlement dues of pension on production of guardianship certificate from the Hon'ble Court of Law.

(2.) The CAT, Guwahati, vide the impugned order dtd. 21/2/2017 came to a finding that the Railway Authorities committed an error in declaring Purnima Malakar, namely the writ petitioner, to be the first wife of late Sanjit Malakar. The CAT, Guwahati further held that the children borne out of the wedlock, even if they are illegitimate, will have their share of the dues payable to the dependents of the deceased under the relevant rules till they are major and in case of daughters till their marriage. The Railway Authorities were directed to make payment to the applicant before the CAT namely Sippo Malakar of all the dues payable as the dependent of the deceased employee late Sanjit Malakar within a period of three months. It was further directed that in the event of any delay beyond as directed, the Railway Authorities would be bound to pay interest at the rate of 9% per annum for the period of delay. Being aggrieved the opposite party before the CAT, Guwahati namely Purnima Malakar has filed the present writ petition assailing the order dtd. 21/2/2017 passed by the CAT, Guwahati. The impugned order dtd. 21/2/2017 has been assailed in the present writ petition on the following grounds:

(3.) The case of the writ petitioner as projected before the CAT, Guwahati was that her marriage was solemnized with one Sanjit Malakar (since deceased) which was an arranged marriage and it took place on 1/10/1999 as per Hindu Rites and Rituals and also by performing the ceremony of Saptapadi at Lumding. From the wedlock, one female child namely Smti Preeti Malakar and also one male child namely Shri Rohit Malakar were born on 11/6/2001 and 3/8/2004 respectively. Subsequently, one more male child namely Shri Angat Malakar was born on 1/12/2005. It is contended that the petitioner and her late husband initially led a peaceful conjugal married life. However, after a few years of marriage, problems arose between them and she was subjected to various forms of cruelty and mental agony at the hands of her husband. During this period, she came to know about an illicit affair between her late husband Sanjit Malakar and the respondent No. 11-Sippo Malakar, who was the applicant before the CAT, Guwahati. This led to her filing a maintenance case against her late husband before the court of SDJM, Hojai being MR Case No. 70/2012. The Court of SDJM, Hojai vide Judgment and Order dtd. 16/12/2013 gave a specific finding that the petitioner is the legally married wife of late Sanjit Malakar and accordingly directed her late husband to pay monthly maintenance of Rs.2000.00to her and Rs.1000.00 to each of the minor children. The appeal filed by the late husband against the Judgment of the SDJM, Hojai came to be dismissed and the Judgment of the SDJM, Hojai was upheld by Judgment dtd. 25/8/2014 passed by the Addl. District and Sessions Judge, Hojai. Late Sanjit Malakar carried the matter to the High Court and filed a Criminal Petition seeking quashment of the Judgment dtd. 25/8/2014 of the Addl. District and Sessions Judge, Hojai as well as Judgment dtd. 16/12/2013 passed by the SDJM, Hojai. During the pendency of the criminal petition, the petitioner, Shri Sanjit Malakar expired and accordingly the criminal petition was closed.