Tribunal rules in favor of first legally wedded wife, denying pension rights to second wife due to lack of prior permission for marriage under service rules.
In a landmark decision, the Central Administrative Tribunal (CAT), Jammu Bench, has ruled that the first legally wedded wife of a deceased government employee is entitled to family pension and other retiral benefits, excluding the second wife who did not have legal entitlement under service rules. The decision was delivered by Rajinder Singh Dogra, Member (J), on February 5, 2026, in the case of Sharifa Begum v. U.T. of J&K.
The dispute arose after the death of Mohd. Shafi, a government school teacher, who left behind two wives. The applicant, Sharifa Begum, the first wife, sought the pension and benefits following her husband's demise. However, complications emerged when it was discovered that Mohd. Shafi had married a second wife, Naseem Akhter, without securing prior permission from the competent authority, as required under Rule 22(1) of the Jammu and Kashmir Employees (Conduct) Rules, 1971.
The tribunal emphasized that family pension is a statutory right meant to provide immediate support to the dependent family members of a deceased employee. The legal framework, including the Jammu and Kashmir Family Pension-cum-Gratuity Rules, 1964, clearly stipulates that a second wife is not entitled to family pension if the marriage occurred without the necessary prior permission. Thus, the tribunal concluded that granting pension rights to the second wife would contravene the statutory provisions.
The decision further highlighted the arbitrary nature of withholding pension benefits from the first wife, who was entirely dependent on the deceased employee, while the second wife was a government employee with a substantial salary. The ruling directs the respondents, including the government authorities, to finalize and disburse the family pension, gratuity, and other benefits to the applicant within 12 weeks.
This judgment underscores the importance of adhering to service conduct rules concerning marriages and the equitable distribution of benefits to rightful claimants in accordance with statutory provisions. Legal experts believe this ruling will serve as a precedent for similar cases involving pension disputes and bigamy in government service.
Bottom Line:
Family pension entitlement in case of multiple marriages during the lifetime of the first spouse - Legality of second marriage without prior permission under service rules.
Statutory provision(s):
Jammu and Kashmir Employees (Conduct) Rules, 1971, Rule 22(1); Jammu and Kashmir Family Pension-cum-Gratuity Rules, 1964; Administrative Tribunals Act, 1985.
Sharifa Begum v. U.T. of J&K, (CAT)(Jammu Bench) : Law Finder Doc id # 2855833
