The Calcutta High Court has ruled that the family pension of a deceased Central government employee must be divided equally between his two surviving wives, while the death gratuity will go exclusively to the person nominated by the employee.
The decision came in a case concerning a Central Ground Water Board employee who died while in service in 2024. He was survived by two wives, and the dispute arose after both women sought benefits following his death.
Justice Reetobroto Kumar Mitra held that the Central Civil Services (Pension) Rules clearly provide for an equal distribution of family pension where a deceased employee leaves behind more than one wife.
The Court noted that the applicable provision specifically contemplates such a situation and mandates that, where there are two surviving wives, the pension must be shared equally between them.
The dispute had reached the High Court after the first wife sought family pension, death gratuity and compassionate appointment. Her claims were put on hold when the second wife also approached the authorities for the same benefits.
The department had initially relied on a divorce certificate issued by a Kazi to conclude that the first marriage had ended. However, the first wife later contended that the certificate had been declared invalid after it emerged that her marriage with the deceased employee had been registered under the Special Marriage Act.
The High Court, however, chose not to enter into the controversy surrounding the validity of either marriage.
Instead, it focused on the statutory framework governing pensionary benefits and concluded that the first wife was entitled to half of the family pension. The authorities were directed to release her 50 per cent share within six weeks.
The position on gratuity was different.
Since the deceased employee had formally nominated his second wife to receive the amount, the Court held that the entire death gratuity would be payable to her.
The Court also dealt with the request for compassionate appointment. It directed the department to consider the applications made by both women and appoint the candidate who satisfies the applicable legal requirements.
The ruling draws a clear distinction between family pension, which is governed by the statutory rules applicable to surviving family members, and gratuity, which follows the nomination made by the employee.
