Patna: The Patna High Court has granted significant relief to a woman seeking family pension as the second wife of a deceased government employee, ruling that her claim could not be rejected solely because formal permission for the second marriage had not been obtained without considering other crucial facts.
A single-judge bench of Justice Purnendu Singh quashed a departmental order dated February 5, 2019, which had rejected the pension claim, and directed the authorities to reconsider the matter and pass a fresh, reasoned order in accordance with the law.
Woman challenged rejection of pension claim
The case was filed by Kusum Devi of Sitamarhi, who identified herself as the second wife of late Jai Lal Sah, a Grade-III clerk in the Water Resources Department.
Sah died while still in service on April 17, 2009. Following his death, Kusum Devi sought family pension.
However, the Chief Engineer rejected her claim in 2019, citing the absence of permission from the competent authority for Sah’s second marriage.
Employee had sought permission in 1982
During the hearing, a key document came before the court showing that Sah had applied for permission to enter into a second marriage on February 28, 1982, while he was still in government service.
The court noted that this fact had not been properly considered by the department while rejecting the pension claim.
The bench referred to Rule 23(2) of the Bihar Government Servants Conduct Rules, 1976, observing that the rules do not impose an absolute prohibition on a second marriage and that permission may be granted under prescribed circumstances.
First wife died later
The court was also informed that Sah’s first wife died subsequently, on December 17, 2009, several months after his death.
Kusum Devi and Sah had two sons and four daughters, according to the petition.
The court observed that after the death of Sah’s first wife, Kusum Devi and Sah had lived together and maintained a relationship as husband and wife.
Department asked to reconsider case
The bench held that the department had failed to consider material facts, particularly the deceased employee’s application seeking permission for the second marriage. It consequently found the February 5, 2019, rejection order unsustainable.
The Chief Engineer has now been directed to reconsider the matter, take into account the relevant facts and pass a fresh, reasoned order.
The court also directed that the family pension be dealt with in accordance with the applicable law.
