Radha Devi v. Chief General Manager,

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WA No. 90 of 2018

1. Radha Devi Wd/o Jay Narayan Maharaj, Aged About 65 Years Village Nawada, P.O. Sahawa, P.S. Issuapur, District Saran, Bihar.

---- Appellant

Versus

1. Chief General Manager, South Eastern Coalfields Limited, Chirmiri Area, P.O. West Chirmiri Colliery, District Koria, Chhattisgarh.

2. Manager, South Eastern Coalfields Limited, Koria Colliery, P. O. Koria Colliery, District Koria, Chhattisgarh.

3. Central Coalfields Limited, Through Its Chairman-CumManaging Director, Darbhanga House Ranchi, Jharkhand. ---- Respondent For Appellant Shri Chandresh Shrivastava, Advocate For Respondents Shri Goutam Khetrapal, Advocate Hon'ble Shri Justice Ajay Kumar Tripathi, CJ Hon'ble Shri Justice Prashant Kumar Mishra Judgment on Board Per Ajay Kumar Tripathi, CJ.

13/08/2018 I.A.No.1 1.

This is an application for condonation of delay in filing the appeal. The appeal is barred by 9 days.

2.

For the reasons mentioned in the application, the same is allowed and the delay in filing the appeal is condoned. 3.

Heard learned counsel for the parties on merits. 4.

The appellant admittedly is the second wife of the erstwhile employee namely; Jay Narayan Maharaj. She prayed for

grant of family pension from the respondent authorities since the husband retired from service after attaining the age of superannuation on 3-8-1983. The death of the husband happened on 19-1-2001 and the dispute arose because the first wife was very much alive when the present appellant married the employee.

5.

The learned Single Judge has made detailed consideration of the various judgments specially rendered by the Hon'ble Supreme Court in relation to the status and right of a second wife to beget and demand family pension. He came to the considered opinion that keeping in mind the law including the Conduct Rules relating to such employees, which has been extensively quoted, the sum essence of the findings given by the learned Single Judge is that the second wife who had entered into matrimony during the life time of first wife cannot demand or beget family pension since such marriage is void-ab-initio in terms of the Hindu Marriage Act, 1955.

6.

The learned Single Judge has also explained as to what nomination in favour of such wife amount to and such nomination does not include payment of family pension.

7.

Since the law is consistent on this point the dismissal of the writ petition by the learned Single Judge, refusing to give any direction in favour of the appellant for grant of family pension cannot be said to be erroneous in any manner.

8.

Since no other judgment contrary to the principles laid down in the series of the decisions taken note of in the impugned order has been brought to the notice of this Court, we are not inclined to interfere with the impugned order dated 6-11-2017 passed by the learned Single Judge in WPS No.5071 of 2012.

9.

In the result, the writ appeal, sans merit is liable to be and is hereby dismissed.

Sd/- Sd/- (Ajay Kumar Tripathi) (Prashant Kumar Mishra) Chief Justice Judge Gowri