Karnataka HC Allows Plea For Family Pension By 2nd Wife Of Deceased Railway Employee, Says Pension Rules Recognises Equal Share For Widows

The Karnataka High Court has allowed a petition filed by the second wife of a railway employee seeking the release of 50% family pension by the authorities on the death of the employee in the course of employment.

A single judge bench of Justice M Nagaprasanna allowed the petition filed by Pusha who had approached the court challenging the order dated 29-07-2022 passed by the trial court directing 50% of the pension to be paid to the 1st respondent (first wife) and her children while not answering the claim of the petitioner.

The bench said “The Pension Rules recognize equal share in family pension in such a situation. Therefore, the petitioner also becomes entitled to 50% of the family pension. A word of caution again is that the petitioner is held entitled only on the ground that the Rules give a right to the petitioner. If the Rules did not envisage a situation like this and did not provide for family pension, the petitioner would not be entitled for family pension.”

The petitioner contended that she alone was entitled to the entire family pension and ordering the release of 50% of family pension in favour of respondents 1 to 3, without considering her right was erroneous.

On the other hand, the respondents contended that the petitioner was not a legally wedded wife in terms of the Hindu Marriage Act which governs the relationship of parties. It argued that the petitioner cannot be termed a legally wedded wife and family pension can be granted only to a legally wedded wife and her children. Therefore, no fault can be found with the order directing 50% of family pension to be released, it was argued.

The bench noted that the Rules that govern the grant of pension to the Railway Employees is the Railway Services (Pension) Rules, 1993. The said Rules underwent an amendment in the year 2016 and the amendment Rules are the Railway Services (Pension) Amendment Rules, 2016, it was noted.

It opined that the rights of the employees or their families would always depend on the Pension Rules: "If there are no Rules, there is no pension. If there are Rules, pension will be paid in accordance with Rules.”

The Court noted that the concerned rules give a right to one or more widows to claim family pension and that family pension is to be divided into equal shares among the widows of the deceased employee if there are more than one wife of the deceased Railway servant.

Accordingly, it overturned the trial court's decision and held that the petitioner's case would succeed and accordingly issued a direction that the petitioner was entitled to 50% of the family pension only in terms of the aforesaid Rules.   

Appearance: Advocate Madhukar Nadig for Petitioner

Advocate MD Mujjassim for R1 TO R3.

Advocate A.Chandra Chud for R4.

Citation No: 2023 LiveLaw (Kar) 492

Case Title: Pusha AND Y Jansi Rani

Case No: Writ Petition No 15979 of 2022.

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