Full Judgment
Nagendra Rai and Rajendra Prasad, JJ.
1. Heard learned Counsel for the parties.
2. This appeal is directed against the order dated 8-1-2002 passed by the learned single Judge in CWJC No. 5864 of 2000, whereby he has held that the second wife is not entitled to family pension.
3. Law on this point is well settled. According to the Government instruction vide Memo No. Pen-103/64-9505-F dated 3-10-1964 as amended upto 1967, when a Government employee is survived by more than one widow, the pension will be paid to them in equal where and on the death of a widow her share of the pension will become payable to her eligible minor child and if at the time of her death, a widow leaves no eligible minor child, the payment of her share of the pension will cases.
4. The said provision has been amended in 1996 by Memo No. PC -1-Misc. 41/ 92/10056 dated 6-9-1996 on the pattern of the provisions made applicable in the base of the employees of the Central Government, according to which, if a Government employee married second wife during the life time of his first wife, in that case, the second wife will not be entitled for pension but the minor children born from her will be entitled to family pension, meaning thereby that after attaining majority they will not get family pension.
5. The apex Court also in the case of Rameshwari Devi v. State of Bihar, 2000(1) Supreme 385, has held that the second marriage during the life time of first wife is void under the provisions of Hindu Marriage Act but the children of second void marriage are legitimate and are entitled to share family pension and death-cum-retirement gratuity along with wife and children of first marriage, but they would be entitled to family pension only till they attain majority and the second wife would not be entitled to anything.
6. Thus, no case for interference with the order of the impugned order is made out. However, it is made clear that if the second wife has minor children, then they will be entitled to family pension till they attain majority. If document is produced before the authority regarding the minor children of the appellant second wife, then payment shall be made to them in accordance with law.
7. With the aforesaid observation, this appeal stands disposed of.