PARWATI DASH Vs. CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) TWO applications were filed before the Central Administrative Tribunal, Cuttack Bench, Cuttack (hereinafter called 'the Tribunal') relating to claims in respect of a deceased employee of the Postal Department.

(2.) THE Tribunal examined the documents and came to hold that where an employee entered into a wed -lock during the life time of the wife, the latter marriage had no validity in law, but illegitimate children were entitled to the benefits available in terms of Section 16 of the Hindu Marriage Act as amended by Act 68 of 1976. It is to be noted that under Rule 50 (6) of the C.C.S. (Pension) Rules, 1972, 'family' has been defined in relation to a Government servant to mean 'wife or wives including judicially separated wife or wives in the case of a male Government servant'. Under Rule 54 (7) of the aforesaid Rules, it has been clarified by instructions from the Ministry of Law that second marriage by a Hindu male after the commencement of the Hindu Marriage Act, 1955 during the life -time of the first wife would be a nullity. That being the position, the inevitable conclusion is that the benefits are to be given to the legally married wife and the illegitimate children. It is to be noted that the Tribunal took note of the Government of India Decision No. 13 which specifically stated that the lady claiming to have married during the life -time of the wife is not entitled to family pension under the Hindu Marriage At. Rule 54 (7)(a)(i) of the CCS. (Pension) Rules, makes a provision for division of family pension between the two wives but this question can arise only when the other lady is a legally married wife and not otherwise. Family pension is to be paid only to the legally married wife.