RAIPUR: Chhattisgarh high court

on Tuesday

stated that second wife of the deceased employee of Chhattisgarh State Power Generation Company Limited (CSPGCL) is not entitled to family pension.

The bench of justice Sanjay K. Agrawal stated that the Nan Bai Rathore (50) is only legally wedded wife of deceased servant

and admittedly, said Jairam Prsaad Rathore married with Meena Bai during subsistence of first marriage and marriage of Rathore with Meena Bai was void and she cannot be held to be legally wedded wife. Nan Bai is only legally wedded wife of Rathore, there Nan Bai being legally wedded wife of deceased servant would only be entitled to family pension.

The first appellate court has committed grave legal error in holding that second wife of deceased servant Jairam Prsaad Rathore is also entitled to the family pension, the HC said adding that the judgment and decree of the first appellate Court are hereby set aside and the decision of the trial court is hereby restored.

In June 2009, Jairam Prsaad Rathore, resident of Korba district while working in Chhattisgarh State Power Generation Company Limited as Supervisor died in harness.

Nanbai Rathore is admittedly the first wife of the deceased servant, whereas Meena Bai, who died during the pendency of the second appeal, married with Rathore on May, 15,1978 during the subsistence of first marriage with Nanbai.

The dispute arose between Nan Bai and Meena Bai regarding all retiral dues except pension, which was settled amicably by entering compromise between them where both were entitled to half share in retiral dues of Rathore.

Thereafter, Nan Bai, filed a suit stating inter­alia that she is legally wedded wife of Rathore is entitled to entire pension in accordance with the Chhattisgarh Civil Services (Pension) Rules where the trial court granted in her favour, but on appeal preferred by Meena Bai, the first appellate court reversed the finding of the Trial Court and held that each of them is entitled to half share in the amount of pension, against which, the second appeal by the Nan Bai, in which substantial questions of law have been formulated and set­out in the judgment.

The petitioner Nan Bai’s counsel Anil S Pandey argued that the first appellate court is unjustified in saying that Meena Bai, who is admittedly the second wife of Rathore is also entitled to half share in the amount of pension, which is contrary to sub­rule of Chhattisgarh Civil Services (Pension) Rules.