The High Court at Judicature at Patna has dismissed a writ petition made by a state employee named as Ram Sevak Ram, demanding family pension for her second wife. With whom he got married after the death of her first wife in 14.04.2013 due to cardiac arrest. however it was dully submitted by the petitioner that he was appointed in year 1974 and have served till 13.04.2013. Later in 03.12.2019 he got married to Rita Devi according to Hindu rites and customs. After solemnization of marriage the petitioner submitted an Application before the Labour Commissioner, Bihar, Patna to consider his request and include the name of his second wife in PPO issued in his favour, however the same was not done, thus he approached before the Court.
A counter affidavit was also filed on behalf of the respondent to drew the attention of this court to the, “the family pension scheme for the State Government employees” , issued vide finance Department letter as contained in Memo No. 9505 dated 03.10.1964, Note-2 of Clause 7 (ii) of the scheme clearly stipulates: , “Marriage done after the retirement will not be reorganized for the purpose of the scheme”. it is also been clarified by Clause 12 of the act “that the said scheme was applicable for the person entering into service on or after 1st April 1964.
The bench on an identical matter in Indu Devi vs. The State of Bihar & Ors. (CWJC No. 7092 of 2016), has said the following:
“…………Having considered the matter, the Court is unable to intervene for the reason that the policy of the State Government does not permit payment of family pension to the second wife. In the present case, admittedly, the petitioner herself claims to be the second wife and just because the first wife has died, her status will not change and she will not become the first wife, though she may be the only wife/widow now living.
In view of the aforesaid provision, no relief can be granted to the petitioner and accordingly, the writ petition stands dismissed.
Considering the submissions on the behalf of the parties the court dismissed the petition by going through the Pension Scheme.
Referred Judgement : Indu Devi vs. The State of Bihar & Ors. (CWJC No. 7092 of 2016)
Case name : Ram Sevak Ram v. The Sate of Bihar, 21 December, 2023
Name : Supriya, Course : B.A.LL.B (5TH) Semester, Maharishi University of Information Technology, intern under legal vidhiya.
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