UNION OF INDIA Vs. BISHAKHA DEVI

JUDGEMENT

(1.) THIS is a writ petition filed by the Union of India, Railway Administration challenging the judgment of the Central Administrative Tribunal (here -in -after referred to CAT) Patna Bench, Patna. The decision is dated 3.5.2001 (Annexure -1).

(2.) THE railway administration is apparently under a predicament on what to do as they are faced with a situation that they have to pay post retiral benefits to a woman who is not exactly the wife of the deceased railway employee and have further to pay family pension to the children born out of a relationship other than wedlock. This arrangement has been mentioned by the CAT, as a settlement. In so far as the High Court is concerned, it cannot put a seal on the decision of the CAT that a settlement may be spelled out arising from social misadventures.

(3.) THE other aspects need a short recital on facts. It is admitted between all the parties i.e. Union of India and respondent Smt. Bishakha Devi that the relationship between railway employee, the late Vijay Kumar Pathak was not exactly that of a husband and wife. Vijay Kumar Pathak was married to a woman known as Smt. Asha Devi. While Smt. Asha Devi was alive as wife to Vijay Kumar Pathak, Smt. Bishakha Devi is attributed to have had a son from Vijay Kumar Pathak. Not only this the nomination paper in service records for Provident Fund and post retirement benefits was executed on 11.3.1989 in favour of the other woman who was not the wife, Smt. Bishakha Devi, while the one already on the record is in favour of the wife of Vijay Kumar Pathak, and had not been cancelled.