Central Administrative Tribunal - Hyderabad
K Sailaja vs Dept Of Posts on 18 April, 2022
OA/319/2020
CENTRAL ADMINISTRATIVE TRIBUNAL
HYDERABAD BENCH
OA/21/319/2020
HYDERABAD, this the 18th day of April, 2022
Hon'ble Mr. Ashish Kalia, Judl. Member
K. Sailaja, Gr-C
W/o. Late K. Kesai Naik, Group Cr
EX-ASP, Medak Division, Aged ; 30 years
Occ: House maker,
R/o. H. No. 1-56/11, Bhavani puram colony,
Kammaguda, Turka Yamjal,
Ragannaguda - 501 510
Abdullapurmet Mandal, RR Dist.TS.,
... Applicant
(By Advocate : Mr. B. Gurudas)
Vs.
1. Union of India, rep. by
The Secretary to the Govt of India
M/o Communications &
Dept of Post, New Delhi. 110 001
2. The Chief Postmaster General,
Telengana Circle,
Hyderabad - 500 001
3. Post Master General,
Hyderabad Region,
Hyderabad - 500 001
4. Postmaster General,
Head Quarters Region,
Hyderabad - 500 001
5. The Superintendent of Post Offices,
Medak Division,
Medak - 502 110.
6. Smt Padma
Aged 45 D/o Not known,
1st wife of late Sri/K.Kesia naik
R/o H No. Not Known, Hyderabad
... Respondents
(By Advocate: Mr. P. Krishna, Sr. PC to CG)
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OA/319/2020
ORAL ORDER
(As per Hon'ble Mr. Ashish Kalia, Judl. Member) The present O.A. is filed seeking the following reliefs:
".......to call for the records pertaining to the denial of Family Pension and other benefits to the applicant and declare the inaction and inordinate delay on the part of the respondents as illegal, arbitrary and against rules against the rules and in violation of the Article -14 and 21 of the Constitution of India, and be pleased to direct the respondents to grant the eligible Family Pension and her benefits to the applicant and her children as per rules immediately........."
2. The brief facts of the case are that the applicant's husband late Sri K. Kesia Naik was initially appointed as Postal Assistant in the Department of Post and subsequently appeared for the examination to the cadre of Inspector of Post Offices and got succeeded. Later, he was promoted as Assistant Superintendent of Post Offices as per seniority. He got married to Smt. Padma. But in spite of happy married life, they were childless. As such, he performed second marriage with the applicant in the year 2008 as per the custom of Lambada Community. They were blessed with two children - one daughter and one son. Out of grudge, the 1st wife hatched a conspiracy with car driver and got him murdered during the night of ½.9.2018. FIR was registered in Vanasthalipuram Police Station and criminal case is pending before Ranga Reddy District Court against the 1st wife and car drvier.
3. Immediately after husband's murder, the applicant reported the matter to the respondents and submitted representations dated 22.11.2018, 8.2.2019 & 13.3.2020 requesting to grant family pension and other benefits as well as compassionate appointment as per rules.
2 of 5 OA/319/2020 But the respondents did not take any action so far nor sent reply to any of her representations. It is submitted that the deceased employee and the applicant belong to Lambada Community which comes under Scheduled Tribe. Bigamy is customary and permitted as per the customs prevailed in Lambada Community. Therefore, the marriage between them is legal. As such, the applicant and her children are entitled for family pension and she is entitled for compassionate appointment. According to the applicant, customary law prevails over the central law.
4. Notices were issued and the respondents have filed a detailed reply. It is submitted in the reply that Sri K. Kesia Naik, ASP, Medak Division expired on 2.9.2018 and FIR No.760/2018 was filed against his wife Smt. K. Padma at Vanasthalipuram P.S. It is further submitted that the applicant submitted a representation for grant of family pension, other pensionery benefits and also compassionate appointment claiming that the deceased employee married her in the year 2008 while the first marriage is subsisting. However, the deceased employee neither informed the department about the second marriage nor submitted any documents to incorporate her name in Service Book and any of the office records to derive benefits. It is further submitted that under Section 11 of Hindu Marriage Act 1955, any second marriage by a Hindu male after the commencement of Hindu Marriage Act 1955, during the lifetime of his first wife will be a nullity and have no legal effect. Such marriage cannot be valid on the ground of any custom. As per Rule 54-(13) of CCS (Pension) Rules 1972, second wife will not be 3 of 5 OA/319/2020 entitled to the family pension as a legally wedded wife under the Hindu Marriage Act.
5. Heard Sri B. Gurudas, learned counsel for the applicant. Learned counsel for the respondents is absent. Smt. K. Rajitha, learned Senior Panel Counsel represented the respondents.
6. The short issue that falls for consideration is whether the applicant is entitled for pension or not. Learned counsel for the applicant has relied upon the judgements of the Hon'ble Supreme Court in Rameshwari Devi vs State of Bihar & Rivan Siddappa & Another vs Mallikarjun. The relevant portions of the judgements are extracted hereunder:
Rameshwari Devi vs State Of Bihar And Others on 27 January, 2000 "........When there are two claimants to the pensionary benefits of a deceased employee and there is no nomination wherever required State Government has to hold an inquiry as to the rightful claimant. Disbursement of pension cannot wait till a civil court pronounces upon the respective rights of the parties. That would certainly be a long drawn affair. Doors of civil courts are always open to any party after and even before a decision is reached by the State Government as to who is entitled to pensionary benefits........."
Revanasiddappa & Anr vs Mallikarjun & Ors on 31 March, 2011 ".......The Court has to remember that relationship between the parents may not be sanctioned by law but the birth of a child in such relationship has to be viewed independently of the relationship of the parents. A child born in such relationship is innocent and is entitled to all the rights which are given to other children born in valid marriage........"
5. This Tribunal appreciates the legal position and is of the view that there is no doubt that even the children born out of illegitimate marriage are entitled for pension and pensionery benefits. As regards 4 of 5 OA/319/2020 the present applicant is concerned, she has to prove before the authorities concerned that in Lambada Community, there is a customary law that in case of childless couple, husband is entitled for second marriage. If that is proved before the authorities concerned, they may give family pension to the applicant also. Otherwise, her children are entitled for family pension. Six weeks time is granted to complete the above exercise.
6. With the above observation, the O.A. is partly allowed. No order as to costs.
(ASHISH KALIA) JUDICIAL MEMBER /pv/ 5 of 5