Court mandates inclusion of legally wedded wife and minor child's names in pension documents following dispute over pensionary benefits.
In a significant ruling, the Calcutta High Court has directed the Union of India and associated respondents to ensure the inclusion of a legally wedded wife and a minor child from a second marriage in the pension documents of a retired railway employee. The judgment, delivered by Justice Krishna Rao, resolves a contentious dispute over pensionary benefits following the retirement of Shambhu Nath Roy, a former Gate Man with the Eastern Railway.
The petitioner, Shibani Roy Dutta, identified as the legally wedded wife of the retired employee, approached the court after discovering that her name was not included in her husband's service book or pension papers post his retirement on December 31, 2025. Despite her representation to the authorities, her request was not addressed, prompting her to seek judicial intervention.
The core of the dispute revolved around the applicability of Rule 75(7)(iii) of the Pension Rules, 1993, which governs the entitlement to pensionary benefits in cases involving children from void marriages. The court acknowledged the petitioner as the legally wedded wife, emphasizing the absence of a divorce decree, thereby nullifying the claim of the second wife to pensionary benefits. However, the court recognized the entitlement of the minor child born from the second marriage to receive pensionary benefits.
The respondent, Shambhu Nath Roy, admitted to the court that the petitioner was his legally wedded wife and confirmed the lack of any divorce decree. Despite allegations of desertion by the petitioner, the court ruled in favor of including her name alongside the minor child in the pension documents.
The court's directive mandates the authorities to process the pension papers, including both the petitioner's name and the minor child's, and to release all consequential benefits within eight weeks. This judgment underscores the court's commitment to ensuring the rightful distribution of pensionary benefits, recognizing the legal status of spouses and the rights of children from second marriages.
Bottom Line:
Pensionary benefits - Legally wedded wife and minor child from second marriage - Directions issued for inclusion of names in service book and pension papers.
Statutory provision(s): Pension Rules, 1993 - Rule 75(7)(iii), Hindu Marriage Act
Shibani Roy Dutta v. Union of India, (Calcutta) : Law Finder Doc id # 2875029
