Case Note & Summary
The petitioner, a retired teacher, superannuated on 30/08/2017 and sought a writ of mandamus directing the State of Maharashtra and the Accountant General to sanction and pay regular monthly pension, pensionary benefits and arrears from the date of retirement. The dispute arose because the petitioner had nominated his purported second wife Smt.Kranti and alternatively his children as beneficiaries, while the official respondents raised a query about the marital status of his first wife Smt.Kusum and the date of marriage with the second wife. The Accountant General had quantified gratuity at Rs.2,60,803, provisional pension at Rs.10,645 per month and commutation of pension at Rs.4,27,725, but required documentary evidence as to whether Smt.Kusum was divorced or judicially separated. The petitioner received gratuity and provisional pension up to February 2020; thereafter pension was stopped and commutation was not paid. A Special Civil Suit No.10/2017 filed by Smt.Kusum against the petitioner and Smt.Kranti was pending. The core legal issue was whether a living retired employee could be denied pension and commutation merely because a dispute existed as to which woman was his legally wedded wife or proper nominee. The petitioner contended that he was entitled to pension as of right, while the respondents maintained that provisional pension was granted only pending finalization of a judicial enquiry into marital status. The Court considered the Full Bench decision in Kamalbai w/o Venkatrao Nipanikar v. State of Maharashtra and others, which held that a widow means a legally wedded wife and that during the subsistence of the first marriage no second wife could be a legally wedded wife; Rule 115(1)(i) of the Maharashtra Civil Services (Pension) Rules, 1982 restricts nomination to members of the family. The Court reasoned that the Full Bench principle applied to the situation after the death of the employee, when family pension or widow's pension becomes payable. In the present case, the petitioner was alive and entitled to pension and commutation in his own right. The Court found no provision under the Pension Rules requiring that pension be withheld from the employee until the issue of his nominee was settled. It also held that the pendency of the Special Civil Suit could not be an impediment in the absence of any injunctive order restraining payment. Accordingly, the petition was allowed. Respondent No.2 was directed to settle the final pension payable from the date of superannuation within four weeks and to pay all arrears on or before 30/11/2021. The commutation amount of Rs.4,27,725 was to be paid on or before 25/10/2021 if not already paid. Interest on delayed payments was to be calculated at the normal rate and paid, as directed in paragraph 10. The Court expressly clarified that it expressed no view on the litigation between the two ladies claiming to be the legally wedded wife. Rule was made absolute.
Headnote
A) Service Law - Pension and Retiral Benefits - Entitlement of Living Retired Employee to Pension and Commutation - Maharashtra Civil Services (Pension) Rules, 1982, Rule 115(1)(i) - The petitioner, a retired teacher, received gratuity and provisional pension up to February 2020; pension was stopped thereafter pending marital status inquiry regarding Smt.Kusum and Smt.Kranti. The Court found that the issue of which wife would be entitled to pension arises only after the death of the employee and no provision prohibits payment to the employee until the nominee issue is settled. Held that respondent No.2 must settle final pension, pay arrears and commutation of Rs.4,27,725 within directed timelines (Paras 3-9). B) Service Law - Pension - Definition of Widow and Nomination - Maharashtra Civil Services (Pension) Rules, 1982, Rule 115(1)(i) - The Full Bench in Kamalbai w/o Venkatrao Nipanikar v. State of Maharashtra and others held that a widow means a legally wedded wife and no second wife can be legally wedded wife during subsistence of first marriage; nomination is restricted to family members. In the present case of a living pensioner, the Court clarified that the Full Bench principle did not require withholding the employee's own pension pending resolution of the nominee dispute. Held that pending judicial enquiry into marital status cannot justify stopping the pension of the living employee (Paras 7-8). C) Civil Procedure - Payment of Decretal/Pension Dues - Effect of Pending Suit Without Injunction - Maharashtra Civil Services (Pension) Rules, 1982, Rule 115(1)(i) - The pendency of Special Civil Suit No.10/2017 filed by Smt.Kusum against the petitioner and Smt.Kranti could not be an impediment for payment of pension dues in the absence of any court direction restraining such payment. The Court directed respondent No.2 to calculate interest normally paid on delayed payments and pay the same on or before 30/11/2020. Held that absence of an injunctive order permits payment of dues with interest (Para 10).
Issue of Consideration
Whether a retired government employee, who is alive, can be denied regular pension, commutation and arrears due to pending inquiry/dispute regarding which of his two wives is the legally wedded wife and nominee under Rule 115 of the Maharashtra Civil Services (Pension) Rules, 1982.
Final Decision
Petition allowed. Respondent No.2 directed to settle final pension amount payable from the date of superannuation within 4 weeks from judgment and pay all arrears of pension on or before 30/11/2021. Commutation amount of Rs.4,27,725 to be paid on or before 25/10/2021 if not already paid. Respondent No.2 directed to calculate interest normally paid on delayed payments and pay same on or before 30/11/2020 as per para 10. Court made clear it expressed no view on litigation between the two ladies; Rule made absolute.
Law Points
- A widow means legally wedded wife
- during subsistence of first marriage no other wife can be legally wedded wife
- Rule 115(1)(i) of Maharashtra Civil Services (Pension) Rules
- 1982 restricts nomination to family members
- a living retired employee is entitled to pension and commutation irrespective of nominee dispute
- no provision bars pension until nominee issue settled
- pending civil suit without injunction cannot impede payment of pension dues and interest.
