Central Administrative Tribunal - Jabalpur
Smt Saraswati Khandelwal vs South East Central Railway on 5 December, 2025
1 O.A.No. 203/00667/2023
Reserved
CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH
JABALPUR
Original Application No.203/00667/2023
Jabalpur, this Friday, the 5th day of December, 2025
HON'BLE SHRI JUSTICE AKHIL KUMAR SRIVASTAVA, JUDICIAL MEMBER
HON'BLE MS MALLIKA ARYA, ADMINISTRATIVE MEMBER
Smt Saraswati Khandelwal w/o Late Rajendra Kumar Khandelwal
aged about 43 years presently unemployed
r/o 16/6529, Shivanand Nagar, Sector 1,
Khamtarai Raipur CG 492008
-Applicant
(By Advocate -Shri A.V.Shridhar)
Versus
Digitally signed by RAJUL NAMDEO
DN: C=IN, O=Personal, PostalCode=
482004, L=Jabalpur, S=Madhya
1. Union of India through General Manager,
RAJUL South East Central Railway, New GM Building,
Pradesh, STREET="3850, Shubhash
Nagar Aadhartal, Andhuwa, Jabalpur
Madhya Pradesh India 482004", T=
9136, Phone=
e125d5860c1f7a1e0a12bbccc5e950
NAMD 204860d7795912c018822fac86d321
30fe, SERIALNUMBER=
ea8eccfd52644dcb30af620f19c18d3
9662134c765dec84aec2c142b41c6e
609, [email protected], CN= Bilaspur, Distt Bilaspur (C.G.) 495004
EO
RAJUL NAMDEO
Reason: I am the author of this
document
Location:
Date: 2025.12.09 15:19:56+05'30'
Foxit PDF Reader Version: 2024.3.0
2. Principal Chief Personnel Officer,
South East Central Railway, Bilaspur,
Distt - Bilaspur (C.G.) 495004
3. Sr. Divisional Personnel Officer,
South East Central Railway, Raipur Division,
Distt - Raipur (C.G.) 492008
4. Jyoti Khandelwal W/o Late Rajendra Khandelwal,
aged about 41 years R/o House No. 292,
Ward No. 13, Village-Boriyakala, Raipur,
Tahsil & District -Raipur (C.G.) 492015
- Respondents
(By Advocate -Shri Siddharth Rathod)
(Date of reserving the order: 10.11.2025)
Page 1 of 7
2 O.A.No. 203/00667/2023
ORDER
BY JUSTICE AKHIL KUMAR SRIVASTAVA, JM:-
Through this Original Application the applicant is claiming pensionary and terminal benefits, which has not been disbursed to the applicant.
2. The case of the applicant is that the applicant is the unfortunate widow of Late Rajendra Kumar Khandelwal, who died on 30.03.2018.
The undersigned has been fighting for her rights to get the family pension and the terminal benefits due to her. The name of the applicant and her son finds place in the service records of her late husband and Digitally signed by RAJUL NAMDEO DN: C=IN, O=Personal, PostalCode= 482004, L=Jabalpur, S=Madhya RAJUL owing to the same the son of the applicant has also been granted Pradesh, STREET="3850, Shubhash Nagar Aadhartal, Andhuwa, Jabalpur Madhya Pradesh India 482004", T= 9136, Phone= e125d5860c1f7a1e0a12bbccc5e950 NAMD 204860d7795912c018822fac86d321 30fe, SERIALNUMBER= ea8eccfd52644dcb30af620f19c18d3 9662134c765dec84aec2c142b41c6e 609, [email protected], CN= EO RAJUL NAMDEO compassionate appointment vide office order dated 20.05.2021. One Reason: I am the author of this document Location:
Date: 2025.12.09 15:19:56+05'30' Foxit PDF Reader Version: 2024.3.0 Jyoti Khandelwal raised certain disputes with regard to succession and the pensionary benefits have been withheld. The applicant made representation on 18.10.2021 and 26.09.2022 requesting the respondent authorities to release the family pension and terminal benefits in her favor, however no steps have been taken in this regards. Hence this O.A.
3. Per contra, the official respondents have filed their reply wherein it has been submitted that the applicant is claiming to be wife of the deceased employee who died on 30.03.2018. After death of the above named employee, two women Smt. Sarswati Khandelwal and Smt. Jyoti Khandelwal both are claiming to be the wife of Late Shri Rajendra Page 2 of 7 3 O.A.No. 203/00667/2023 Kumar Khandelwal. The applicant submitted representation dated 06.06.2018 and another woman named Smt. Jyoti Khandelwal submitted representation dated 16.04.2018 for payment of settlement dues and other terminal benefits upon death of Late Shri Rajendra Kumar Khandelwal. Smt. Jyoti Khandelwal filed civil case No.239-A/18. The Hon'ble Civil Judge Class-2 Raipur vide order Dated 05.11.2019 dismissed the above suit. Against the above order dated 05.11.2019 Smt. Jyoti Khandelwal had filed appeal case no.119A/2019 before the 8 th Additional District Judge Raipur. Vide order dated 06.01.2023 the Hon'ble Additional District Judge under section 9 Civil Procedure Code, Digitally signed by RAJUL NAMDEO DN: C=IN, O=Personal, PostalCode= 482004, L=Jabalpur, S=Madhya RAJUL Pradesh, STREET="3850, Shubhash Nagar Aadhartal, Andhuwa, Jabalpur Madhya Pradesh India 482004", T= 1908 remanded the matter to the Civil Judge (Trial Court). At present the 9136, Phone= e125d5860c1f7a1e0a12bbccc5e950 NAMD 204860d7795912c018822fac86d321 30fe, SERIALNUMBER= ea8eccfd52644dcb30af620f19c18d3 9662134c765dec84aec2c142b41c6e 609, [email protected], CN= EO RAJUL NAMDEO Reason: I am the author of this document Location:
matter is pending before the Trial Court (Civil Judge Class-2 Raipur) for Date: 2025.12.09 15:19:56+05'30' Foxit PDF Reader Version: 2024.3.0 adjudication.
3.1 The official respondents have further submitted that the grievance of the applicant for appointment on compassionate grounds to her son has already been settled and the son of the applicant was given compassionate appointment vide order dated 22.05.2021. However, settlement benefits and family pension has been kept pending due to the court case filed by Smt. Jyoti Khandelwal. As Smt. Jyoti Khandelwal had filed a declaratory suit claiming to be the wife of Late Rajendra Kumar Khandelwal and the same is pending for adjudication, therefore considering the plural two wife claim case, the Railway Respondent has Page 3 of 7 4 O.A.No. 203/00667/2023 taken decision to keep on hold all the settlement dues including family pension till final outcome of the order of civil court.
4. The respondent No.4 has also filed reply wherein it is submitted that the application preferred by the applicant is frivolous as the matter pertaining to this dispute is already adjudicated before the Learned Trial Court Raipur. The respondent No. 4 submitted that the deceased employee lived in conjugal relation with the Respondent No. 04 and he said that he has nominated the Respondent No. 04 as his nominee along with their children born out of their marriage in the service record. The deceased employee during his lifetime prepared Adhar Card, Rashan Digitally signed by RAJUL NAMDEO DN: C=IN, O=Personal, PostalCode= 482004, L=Jabalpur, S=Madhya RAJUL Pradesh, STREET="3850, Shubhash Nagar Aadhartal, Andhuwa, Jabalpur Madhya Pradesh India 482004", T= Card and Voter I.D. of the Respondent No. 04 and her children, wherein 9136, Phone= e125d5860c1f7a1e0a12bbccc5e950 NAMD 204860d7795912c018822fac86d321 30fe, SERIALNUMBER= ea8eccfd52644dcb30af620f19c18d3 9662134c765dec84aec2c142b41c6e 609, [email protected], CN= EO RAJUL NAMDEO Reason: I am the author of this document Location:
all these documents indicates that late Rajendra Kumar Khandelwal was Date: 2025.12.09 15:19:56+05'30' Foxit PDF Reader Version: 2024.3.0 the husband of the Respondent No. 04 and father of the children of the Respondent No. 04.
5. The applicant has filed a rejoinder more or less reiterating what has been said in the Original Application. The applicant further submitted that in view of the order passed by the Hon'ble High Court of Chhattisgarh interim order passed by the Learned Trial Court attained natural demise upon dismissal of suit and the order of remand passed by the Appellate Court could not revive the interim order and thus there is no impediment in payment of the pensionary and terminal benefits to the applicant. It is further submitted that the applicant is the registered Page 4 of 7 5 O.A.No. 203/00667/2023 nominee and cannot be force to await the outcome of the judicial proceedings since grant of pension directly affects the very survival of the applicant and her family.
6. We have heard the counsel for the parties and perused the documents available on record.
7. The moot question for consideration can be enumerated as whether one Smt. Jyoti who claims herself to be the second wife of the deceased employee during the subsistence of first marriage and the first wife being alive is entitled to the terminal dues and family pension? Digitally signed by RAJUL NAMDEO
DN: C=IN, O=Personal, PostalCode= 482004, L=Jabalpur, S=Madhya RAJUL Pradesh, STREET="3850, Shubhash Nagar Aadhartal, Andhuwa, Jabalpur Madhya Pradesh India 482004", T= 9136, Phone= e125d5860c1f7a1e0a12bbccc5e950 NAMD 204860d7795912c018822fac86d321 30fe, SERIALNUMBER= ea8eccfd52644dcb30af620f19c18d3 9662134c765dec84aec2c142b41c6e 609, [email protected], CN= 8. The facts, inter-se parties are not in dispute. From perusal of the EO RAJUL NAMDEO Reason: I am the author of this document Location:
Date: 2025.12.09 15:19:56+05'30' Foxit PDF Reader Version: 2024.3.0 record, it is evident that the husband of the applicant had submitted family details to respondent department i.e. Smt. Saraswati Khandelwal (wife), Aman Khandelwal (son), Roonal Khandelwal (son), Ku. Pooja Khandelwal (daughter) and Kunal Khandelwal (son) for the purpose of family pension. It is also clear from the facts that one Jyoti Khandelwal, who is claiming to be the wife of the deceased employee had filed a civil suit and the Trial court had granted interim protection by way of directing the respondents not to disburse the pensionary and terminal benefits. The order of the Trial Court was challenged before the Appellate court and the Appellate court vide its order dated 06.01.2023 quashed the order passed by the Trial Court remanded the civil suit for Page 5 of 7 6 O.A.No. 203/00667/2023 adjudication on merits and the same is pending consideration. In view of the orders passed by the Hon'ble High Court of C.G. in the matters of Arvind Gupta vs. Bindra Prasad, interim order passed by the Trial Court attained natural demise upon dismissal of suit and the order passed by the Appellate Court could not revive the interim order.
8.1 In the facts of the present case, since the first wife is alive on the date on which the family pension became due, the second wife cannot set up a claim for family pension even on the consent of the first wife, further, nomination in favour of second wife would be invalid as she being not a member of the government servant's family. It is also clear Digitally signed by RAJUL NAMDEO DN: C=IN, O=Personal, PostalCode= 482004, L=Jabalpur, S=Madhya RAJUL Pradesh, STREET="3850, Shubhash Nagar Aadhartal, Andhuwa, Jabalpur Madhya Pradesh India 482004", T= from the record that compassionate appointment has already been given 9136, Phone= e125d5860c1f7a1e0a12bbccc5e950 NAMD 204860d7795912c018822fac86d321 30fe, SERIALNUMBER= ea8eccfd52644dcb30af620f19c18d3 9662134c765dec84aec2c142b41c6e 609, [email protected], CN= EO RAJUL NAMDEO Reason: I am the author of this document Location:
to the applicant's son, whose details were there in the family record of Date: 2025.12.09 15:19:56+05'30' Foxit PDF Reader Version: 2024.3.0 the respondent department
9. In Rameshwari Devi vs. State of Bihar and others, 2000(1) ESC 577 (SC) where the Government servant being a Hindu having two wives died while in service, the Hon'ble Supreme Court has held that "the second marriage was void under the Hindu law, hence, the second wife having no status of widow is not entitled to anything. Thus for harmonious construction of the Rules governing pension, wherever, the rule provides for ''wives', it has to be interpreted as per the law governing marriage as applicable to the government servant and in cases where the Page 6 of 7 7 O.A.No. 203/00667/2023 second marriage is void under the law, second wife will have no status of a widow of the government servant."
10. In view of the above, the Original Application is allowed. The respondents/competent authority are directed to grant 100% family pension to the applicant and also to release all pensionary and terminal benefits as admissible to the applicant with effect from the date it became due, within a period of one month from the date of receipt of a certified copy of this order. No costs.
11. As a sequel thereof, pending Miscellaneous Application(s), if any, shall also stands disposed of.
Digitally signed by RAJUL NAMDEODN: C=IN, O=Personal, PostalCode= 482004, L=Jabalpur, S=Madhya RAJUL Pradesh, STREET="3850, Shubhash Nagar Aadhartal, Andhuwa, Jabalpur Madhya Pradesh India 482004", T= 9136, Phone= e125d5860c1f7a1e0a12bbccc5e950 NAMD 204860d7795912c018822fac86d321 30fe, SERIALNUMBER= ea8eccfd52644dcb30af620f19c18d3 9662134c765dec84aec2c142b41c6e 609, [email protected], CN= EO RAJUL NAMDEO Reason: I am the author of this document Location:
(Mallika Arya) (Akhil Kumar Srivastava) Date: 2025.12.09 15:19:56+05'30' Foxit PDF Reader Version: 2024.3.0 Administrative Member Judicial Member rajul Page 7 of 7