1 week ago
Calcutta High Court Splits Pension, Gives Gratuity to Second Wife
A Central government employee died while still working in 2024.
He had two wives, and both asked for benefits after his death.
The court said the family pension must be divided equally between them.
This means each wife should receive half.
The employee had named his second wife to receive his gratuity.
The court therefore said the gratuity should go to the second wife.
It did not decide whether one of the marriages was legally valid.
Officials must also check whether either woman qualifies for a compassionate government job.
The Calcutta High Court ordered that the deceased employee’s two wives share his family pension equally.
The first wife must receive half of the family pension within six weeks.
The court directed authorities to pay the death gratuity to the second wife, whom the employee had nominated.
The court declined to decide which marriage remained legally valid.
Authorities must consider both women’s applications for compassionate appointment and appoint whichever applicant is legally eligible.
- Who
- The Calcutta High Court, a deceased Central Ground Water Board employee’s two wives, and the relevant government authorities.
- What
- The court divided the family pension equally between the two wives and awarded the death gratuity to the nominated second wife.
- Where
- The matter was heard by the Calcutta High Court and concerned a Central Ground Water Board employee.
- When
- The employee died while in service in 2024; the court’s order was dated September 1.
- Why
- Central government pension rules provide equal family-pension shares for two wives, while the employee’s nomination governed payment of the gratuity.
First Wife’s Claim
Second Wife’s Nomination and Authorities’ Position
Family pension
First Wife’s Claim
The first wife sought the family pension and argued that, as the first wife, she was entitled to half of it.
Second Wife’s Nomination and Authorities’ Position
The applicable pension rules recognize equal family-pension shares when an employee has two wives, also supporting payment to the second wife.
Gratuity
First Wife’s Claim
The first wife sought the deceased employee’s gratuity along with the family pension.
Second Wife’s Nomination and Authorities’ Position
The authorities and court relied on the employee’s nomination of his second wife, directing that the gratuity be paid to her.
Marriage status
First Wife’s Claim
The first wife challenged reliance on a divorce certificate, saying the Kazi later declared it void after learning that the first marriage had taken place under the Special Marriage Act.
Second Wife’s Nomination and Authorities’ Position
Authorities had acted on the divorce certificate, but the court avoided deciding which marriage was legally valid.
Key facts
- Family pension
- Payable to both wives in equal shares under Rule 50(8)(c) of the Central Civil Services (Pension) Rules.
- First wife’s payment
- Authorities were directed to pay her half of the family pension within six weeks.
- Gratuity recipient
- The second wife was nominated by the deceased employee and must receive the death gratuity.
- Employee’s department
- Central Ground Water Board.
- Year of death
- 2024, while the employee was still in service.
- Marriage validity
- The court did not determine which of the two marriages remained legally valid.
- Compassionate appointment
- Both applications must be considered, with an appointment granted if either woman is found eligible under law.
Quotes
Calcutta High Court order
The written order issued by Justice Reetobroto Kumar Mitra of the Calcutta High Court
“As far as the payment of family pension is concerned, the same is covered under said Rule 50(8)(c) of the said rules (Central Civil Services(Pension) Rules). This rule stipulates that in the event the employee has more than one wife, in the case of two wives, the family pension shall be paid to both wives in equal shares.”
indianexpress.com
Sources
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