The Punjab and Haryana High Court has ruled that a second wife, if declared as a nominee by her deceased husband in official service records, is entitled to a compassionate job even if the first marriage was not legally dissolved through a court decree.
In the case titled Kirandeep Kaur and others v. Punjab State Power Corporation Limited and others, the court dealt with a plea filed by Kirandeep Kaur. She sought a direction to the Punjab State Power Corporation Limited (PSPCL) for offering a compassionate job after the death of her husband, Tirath Singh, who worked as an Assistant Lineman and died while in service on 26.02.2022.
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Tirath Singh was initially married to Baljinder Kaur in 2006 and later obtained a Panchayati divorce in 2007. He married Kirandeep Kaur in 2009, and they had two daughters together. Kirandeep claimed that she lived with him for over 23 years and was fully dependent on him. She had also been named as the nominee in his official records.
Despite her application and submission of all required documents, the department rejected her request for a compassionate job. The Law Officer opined that a Panchayati divorce held no legal value and, therefore, the second marriage could not be treated as valid.
“Petitioner No.1 (widow) of late Tirath Singh, who has been declared nominee in the service record and was wholly dependent upon the late Tirath Singh, is held entitled for grant of appointment on compassionate ground,”
— Justice Deepinder Singh Nalwa
The court observed that although the second marriage may not be legally valid due to the absence of a court-granted divorce, it is undisputed that Kirandeep Kaur lived with the deceased, was declared nominee, and raised children with him. The first wife, Baljinder Kaur, had also submitted an affidavit stating she would not claim compassionate appointment or raise any future claim.
The High Court referred to the judgment in Vidyadhari & Ors. vs. Sukhrana Bai & Ors. [2008(1) RCR (Civil) 900], where the second wife was granted pension rights as she was declared a nominee in the service records, despite the first marriage being legally subsisting.
“It is an admitted fact that the petitioner was residing with late Tirath Singh almost for 23 years till he expired on 26.02.2022… She is entitled for grant of retiral benefits in accordance with law.”
— Punjab & Haryana High Court
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The Court ruled in Kirandeep Kaur’s favour and directed the PSPCL to allow her to join the job offered to her during the pendency of the case.
The petitioners were represented by Mr. G.S. Punia, Senior Advocate, and Ms. Harleen Kaur, Advocate. The respondents were represented by Mr. Rangat Joshi, Advocate.
Case Title: Kirandeep Kaur and others v. Punjab State Power Corporation Limited and others
