Janki Devi And Anr vs Jharkhand State Electricity Board ... on 15 May, 2014

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Jharkhand High Court

Janki Devi And Anr vs Jharkhand State Electricity Board ... on 15 May, 2014

The aforesaid two writ petitions have been preferred by the two wives and their legal heirs arising out of their wedlock with the deceased employee Late Ram Khelawan Pahalwan, who is said to have died in harness on 7.2.2012. The petitioner no.1 Janki Devi in W.P.S. No. 5423 of 2013 is the first wife of the deceased employee while the petitioner no.1 namely Asha Devi in W.P.S. No. 3538 of 2013 is the second wife of deceased employee The petitioner no.2 in W.P.S. No. 5423 of 2013 namely Choudhary Charan Yadav is the major son of the deceased employee born out of the first wedlock and there is no dispute between the parties that he is elder in age to the offspring of the deceased employee born out of the second wedlock. In W.P.S No. 3538 of 2013, petitioner no.2 is the major daughter who is now 18 years of age born out of second wedlock whereas petitioner no. 3 and 4 are the two minor sons born out of the second wedlock.

The parties have been making endeavour to arrive at a settlement over the admissible death cum retirement dues of the deceased employee including their claim for compassionate appointment. On their willingness the matter was referred to the Mediator, JHALSA, however the efforts of mediation did not succeed. The failure report was sent to this Court and thereafter, the writ petitions have again been heard on more than one occasion giving the parties further time on their request to file affidavits about their respective proposals, which they have done. The claim has been contested by the rival parties firstly on the question of apportionment of -2- family pension and other death cum retirement dues and secondly on the question of entitlement of compassionate appointment to the legal heir of the deceased employee born out of either of the wedlock.

Let us first deal with the claim relating to apportionment of family pension and death cum retirement dues of the deceased employee. As per the provisions of the scheme applicable in the respondent- Board, the widow and the illegitimate children born out of the second wedlock are also entitled to the share of family pension and death cum retirement benefit as per the circular of the respondent- Board. Reference of which has been made in the counter affidavit of respondent no.5 filed in W.P.S. No. 5423 of 13 at para 14 of the said circular of 3.10.1964, where under if, an officer is survived by more than one widow, the pension will be paid to them in equal share. On the death of a widow her share of the pension will become payable to her eligible minor child. If at a time of her death, a widow leaves no eligible minor child, the payment of her share of the pension will cease. Though, there was some resistance on the part of one of the parties namely Asha Devi, second wife claiming that the entire family pension be given to her and the benefit of compassionate appointment be only given to the petitioner No.2 in W.P.S. No. 5423 of 2013, eldest son from first wife, but it seems appropriate and in consonance with the circular as also in the interest of justice that the family pension be apportioned in equal share between the two widows and the other death cum retirement dues be apportioned in 50% share between both the first and second widow and their legal heirs. Accordingly, the admissible payment on account of death cum retirement benefit and family pension and its arrear be released in favour of the petitioners within a reasonable time preferably 12 weeks from the date of receipt of copy of this order.

So far as the second issue relating to compassionate appointment to the legal heir is concerned, the respondent- Board has relied upon a judgment rendered by the Patna High Court in the case of Raj Kishore Kumar Vrs. State of Bihar & others reported in 2009(79)AIC 524[PAT.HC.] as per which in a claim of compassionate appointment -3- between sons of first and second wife of the deceased employee, the same is to be considered in order of seniority. In the instant case, there is no dispute that petitioner no.2 in W.P.S. No. 5423 of 2013 i.e. the son born from the first wedlock namely Choudhary Charan Yadav is elder amongst all the children of the deceased employee from both the marriages. The petitioner no.2 in W.P.S. No. 3538 of 2013, daughter born out of second marriage, though have attained majority is of 18 years of age but she is junior in age to the said eldest son Choudhary Charan Yadav, born out of the first wedlock. In such circumstance, the claim of compassionate appointment of petitioner no.2 in W.P.S. No. 5423 of 2013 namely Choudhary Charan Yadav needs to be considered by the respondent- Board in accordance with law within the same period of 12 weeks from the date of receipt of the copy of this order.

The aforesaid writ petitions are disposed of in the aforesaid manner. All the pending I.A.s are accordingly closed.

(Aparesh Kumar Singh, J.) A. Mohanty

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Jharkhand High Court