4 min readNew DelhiUpdated: Sep 5, 2026 09:35 AM IST
The Calcutta High Court recently directed authorities to pay half of the family pension to the first wife of a deceased Central government employee, while holding that the gratuity should be paid to his second wife, whom he had nominated during his lifetime.
Justice Reetobroto Kumar Mitra observed that the man died in harness in 2024 and had two marriages while hearing a plea filed by his first wife, who was seeking the family pension and gratuity of her deceased husband.
The court also noted that the applicable pension rules provide that where an employee has two wives, family pension is payable to both in equal shares. The court also directed authorities to consider the compassionate appointment applications of both women and grant the appointment to whichever of them is found eligible under law.
“As far as the payment of family pension is concerned, the same is covered under said Rule 50(8)(c) of the said rules (Central Civil Services(Pension) Rules). This rule stipulates that in the event the employee has more than one wife, in the case of two wives, the family pension shall be paid to both wives in equal shares,” the September 1 order read.
Employee died in harness
The man was working in the Central Ground Water Board and died while in service in 2024. The man allegedly had two wives and was governed by Muhammadan law. Following his death, the petitioner, being his first wife, approached the authority seeking a family pension as well as the gratuity of her deceased husband.
The second wife also applied for family pension and compassionate appointment, following which the authorities did not grant the first wife’s claim.
The court noted that the first wife’s marriage to the deceased employee was somewhat rocky while it subsisted, and a divorce certificate had also been placed on record, on the basis of which the authorities had acted.
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However, the first wife claimed that the divorce certificate was issued by the Kazi, who subsequently declared it null and void upon coming to learn that the first marriage had taken place between the deceased employee and her under the Special Marriage Act.
Employee nominated second wife for gratuity
The court clarified that it was not required to determine which of the two marriages remained legally valid.
It found that under the applicable Central government pension rules, an employee is entitled to retirement gratuity and, on his death, death gratuity. The rules also allow an employee to nominate a person, preferably a family member, to receive the gratuity after his death.
The court also noted that the deceased employee had nominated his second wife as the nominee and held that the authorities had to pay the gratuity to her in accordance with the nomination.
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On the family pension, it was held that both wives were entitled to equal shares and directed the authorities to pay half of the family pension to the first wife within six weeks.
The woman was represented by advocates Debasis Kar, Husen Mustafi and Rimi Sil, who argued that being the first wife, she was entitled to half of the family pension.
The authorities, represented by advocates Pramod Kumar Drolia and Santosh Kumar Pandey, acknowledged that both women had applied for compassionate appointment. They submitted that the second wife’s application for compassionate appointment was pending consideration.
The court directed that both applications be considered in accordance with law and that compassionate appointment be granted if either woman is found eligible.
