Court No. - 38
Case :- WRIT - A No. - 13190 of 2019 Petitioner :- Rekha Tripathi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anoop Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner's husband late Narendra Tripathi was a Head Constable in U.P. Police who is stated to have died on 2.3.2019, due to heart attack. Petitioner claims to be the legally wedded wife of the deceased employee who has moved an application for release of terminal benefits and family pension but her grievance is that her claim has not been examined in accordance with law. An order passed by the Senior Superintendent of Police, Moradabad, dated 29.7.2019 is challenged whereby petitioner has been asked to obtain a succession certificate from the competent court for release of pension, gratuity, insurance and other benefits.
Learned counsel for the petitioner submits that the third respondent is the second wife of the deceased employee and she would not be entitled to any of the benefits, particularly as petitioner was the nominee in all service records of the deceased employee concerned. Submission is that denial of benefits to the petitioner in the facts of the present case is wholly arbitrary.
Learned Standing Counsel states that the authority competent shall examine grievance of the petitioner in accordance with law.
Considering the nature of the order proposed to be passed, notices need not be issued to respondent no. 3 and the writ petition is being disposed of at this stage itself. Liberty stands reserved to the respondent no. 3 to apply for recall of this order in case she is so advised.
Law is settled that a government servant is entitled in law to marry once and contracting a second marriage during the lifetime of the first wife would clearly be impermissible by virtue of Rule 29 of the U.P. Government Servant's Conduct Rules, 1956. In case petitioner is otherwise shown to be the nominee in the various forms which have been filled for release of pension, gratuity, insurance, etc., there would be no occasion for the authority concerned to deny consideration to petitioner's claim in that regard if her marriage is the first marriage.
In the facts and circumstances, it would be appropriate to dispose of this writ petition directing the respondent no. 2 to afford an opportunity of hearing to the respondent no. 3 and after considering the respective claim putforth by the parties proceed to pass an appropriate order in terms of the applicable provisions of law. A reasoned order would be passed within a period of three months from the date of presentation of a certified copy of this order. All consequential action would be taken accordingly.
With the aforesaid observations/directions, this writ petition stands disposed of.
Order Date :- 26.8.2019 Ranjeet Sahu