Badrunnisa Khan v. Union of India & Ors.

1. The petitioner claims to be the second wife of one Abdul Quddus Khan, who was serving with the Indian Air Force and died on 24 April 2021.

2. According to the averments in the petition, one Makhdooma Khan was the first wife of Abdul Quddus Khan and the nikaah of the petitioner with Abdul Quddus Khan was solemnized on 4 December

1974.

3. Abdul Quddus Khan superannuated on 1 July 2000. It is a matter of record that, till the date of his superannuation, Abdul Quddus Khan never intimated the respondents that the petitioner was his second wife. After Abdul Quddus Khan expired, the petitioner applied, to the respondents, for grant of family pension. As this was not granted, the petitioner has filed the present writ petition before this Court. The petitioner has annexed with the petition, an Aadhar Card, a Pan Card, a nikaahnama and a Retirement Certificate, as well as a certificate issued by the Revenue Department, GNCTD, to substantiate her claim of being the legally wedded second wife of Abdul Quddus Khan.

4. Ms. Parashar, learned SPC for the UOI, points out, per contra, that, at the time of his superannuation, in the pension payment documents which were filled in by Abdul Quddus Khan, against the entry wherein the name of the person who would be entitled to family pension in the event of his death was to be filled in, Abdul Quddus Khan scored out the entry and wrote, in capitals, “DEATH”.

5. She submits that given the fact that at the time of his marriage with the petitioner, Abdul Quddus Khan never informed the respondents about his second marriage as required by Rule 211 of the

21. Restriction regarding marriage- (1) No Government servant shall enter into, or contract, a marriage with a person having a spouse living; and (2) No Government servant, having a spouse living, shall enter into, or contract, a marriage with any person: Provided that the Central Government may permit a Government servant to enter into, or contract, any such marriage as is referred to in clause (1) or clause (2), if it is satisfied that- (a) such marriage is permissible under the personal law applicable to such Government servant and the other party to the marriage; and (b) there are other grounds for so doing. (3) A Government servant who has married or marries a person other than of India Nationality shall forthwith intimate the fact to the Government. Central Civil Services (Conduct) Rules, 1964[2] and also did not fill in the name of any surviving dependent who would be entitled to family pension in his PPO at the time of his superannuation, the petitioner can not claim any entitlement to family pension.

6. We have queried of Mr. Pankaj Sharma, learned Counsel for the petitioner, as to whether he has any explanation for Abdul Quddus Khan not disclosing the fact of his second marriage as required by Rule 21 of the CCS (Conduct) Rules and of declaring, in his PPO at the time of superannuation in 2015, that there was no one who was entitled to family pension, and that his wife was dead. He has no answer to either of these queries. He, however, submits that the petitioner should not be made to suffer for the default on the part of Abdul Quddus Khan.

7. Unfortunately, Abdul Quddus Khan is no longer with us and we can obtain no clarification from him in this regard.

8. In these circumstances, while we understand the difficulty that the petitioner is facing, we are also of the opinion that the mere fact of non-compliance by Abdul Quddus Khan with Rule 21 of the CCS (Conduct) Rules cannot be a ground to disentitle the petitioner to family pension if, in fact, she is his legally wedded second wife.

9. However, given the aforesaid fact of non-compliance with Rule 21 and the fact that Abdul Quddus Khan, even in his superannuation CCS (Conduct) Rules, hereinafter papers in 2015 did not fill in any person as being entitled to family pension and declared his wife to be dead, we are not inclined to direct release of family pension to the petitioner straightaway.

10. We, therefore, dispose of this writ petition with a direction to the respondents to verify the claim of the petitioner that she is the widow of Abdul Quddus Khan. In arriving at that decision, the respondents would also take into consideration all the documents filed with the present writ petition.

11. In the event that, despite the aforesaid documents, it is found that the petitioner is not found to be entitled to family pension, a reasoned and speaking order in that regard would be issued to the petitioner within a period of four weeks from today.

12. Should the petitioner continue to remain aggrieved, the right of the petitioner to seek legal redressal shall remain reserved.

13. The petition stands disposed of in the aforesaid terms.