The Calcutta High Court has directed the authorities to release half of the family pension to Rina Yasmin, the first wife of a deceased Central Government employee, while holding that the gratuity would be payable to the second wife who had been nominated by the employee.
The order was passed by Justice Reetobroto Kumar Mitra in a writ petition concerning competing claims over the deceased employee’s pensionary benefits.
Background of the Case
The deceased employee died in 2024. Rina Yasmin approached the High Court after she was not granted family pension and gratuity. The authorities had withheld the benefits after the employee’s second wife, respondent no. 7, also applied for family pension and compassionate appointment.
A divorce certificate concerning the first marriage was also placed before the authorities. The petitioner, however, contended that the certificate had subsequently been declared null and void by the concerned Kazi after it came to light that the earlier marriage had taken place under the Special Marriage Act.
Court’s Observation
The Court said it could not decide, while exercising writ jurisdiction under Article 226, which of the two marriages should legally continue.
"While exercising jurisdiction under Article 226 of the Constitution of India, it is not for the Court to determine which of the two marriages of the deceased employee should subsist and which is to be set at rest."
The Court instead examined the entitlement under the Central Civil Services (Pension) Rules, 2021. It noted that Rule 50(8)(c) provides that where an employee has two wives, family pension is to be paid to both in equal shares.
Decision
The High Court directed the authorities to pay half of the family pension to Rina Yasmin within six weeks from service of the order.
As the deceased employee had nominated his second wife for gratuity, the Court held that the gratuity was payable to her under the applicable rules. Both applications for compassionate appointment were also directed to be considered according to law, with appointment to be granted if either applicant was found eligible.
The writ petition was accordingly disposed of, with no order as to costs.
Case Details:
Case Title: Rina Yasmin v. The Union of India & Ors.
Case Number: WPA 1062 of 2025
Judge: Justice Reetobroto Kumar Mitra
Decision Date: 2 September 2026
