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2014 DIGILAW 603 (AP)

Karim Unnisa v. Government of A. P.

2014-04-28

ANIS, K.C.BANU

body2014
ORDER K.C. Bhanu, J. 1. This writ petition is filed challenging the order, dated 25.3.2011, in O.A. No. 5978 of 2010 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad. Petitioner herein/applicant filed the aforementioned Original Application before the Tribunal to call for the records relating to Memo, dated 2.6.2009, issued by respondent No. 2 and letter, dated 5.5.2009, issued by respondent No. 3 and declare them as illegal and arbitrary, and contrary to the law laid down by the Apex Court and the provisions of the Andhra Pradesh Revised Pension Rules, 1980 (for short, "the Rules") as well as the order, dated 4.12.2009, in O.A. No. 8211 of 2007 and set aside the same; and consequently, direct respondent Nos. 1 to 3 herein to pay her the family pension together with interest. 2. The Tribunal, upon considering the material on record, dismissed the Original Application. Challenging the same, the applicant filed the present Writ Petition. 3. The facts are not in dispute. The petitioner herein claims to be the second wife of her deceased husband, who is a Government employee. According to her, her marriage was solemnized on 5.10.1983 according to Muslim rites and customs, but her name was not included by the deceased employee while submitting the papers for release of pension. The deceased employee submitted an application during his life time so as to include the name of the petitioner herein as a nominee to receive the pensionary benefits and the same was rejected on the ground that once the nomination is given, it has become final and so, he cannot alter or change the nomination in the pension papers with regard to the nominees. 4. The short point that arises for consideration is: "Whether the petitioner/applicant is entitled for family pension or not"? 5. On the ground that the deceased employee did not obtain any permission from the Government and contracted the second marriage, the pension of the petitioner has, been rejected by the authorities concerned and the same was accepted by the Tribunal. Under the Personal Law of the Muslims, a Government Servant has to obtain permission for contracting a second marriage. If he has not taken permission, that may be a misconduct within the meaning of the Conduct Rules, but that does not debar the wife from claiming pension provided there are any Rules. 6. Under the Personal Law of the Muslims, a Government Servant has to obtain permission for contracting a second marriage. If he has not taken permission, that may be a misconduct within the meaning of the Conduct Rules, but that does not debar the wife from claiming pension provided there are any Rules. 6. Rule 50(6)(a)(i) of the Rules reads as follows: "Where the family pension is payable to more widows than one, the family pension shall be paid to the widows in equal shares." The object of making this Rule is that if a Government employee marries more than once, the benefits should be given to all the wives equally provided such a marriage is permissible under the Personal Laws of the parties. That is the reason why this Rule has been incorporated so that the pensionary benefits shall not be given to first wife alone. The Rule is very clear that if there is more than one widow to a deceased employee, all the widows shall get the pensionary benefits equally. Though a specific contention has been raised by the learned counsel for the petitioner/applicant before the Tribunal in this regard, the same has not been taken into consideration and that has not been adverted to in the order challenged before us. In view of the Rule position, we have no hesitation to hold that the petitioner is entitled to the pensionary benefits of the deceased employee under Section 50(6)(a)(i) of the Rules provided she is the legally wedded wife of the deceased employee. The Writ Petition is, accordingly, allowed. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. Petition allowed.