In a significant judgment, the Andhra Pradesh High Court dismissed Civil Miscellaneous Appeal No. 715 of 2024, filed by the Divisional Railway Manager and another, challenging the grant of a succession certificate by the Principal District Judge, Ongole, in favor of the second wife and children of a deceased railway employee.
The bench, comprising Justice Ravi Nath Tilhari and Justice Challa Gunaranjan, upheld the lower court’s decision, affirming the entitlement of the second wife to the family pension and other benefits.
The appeal stemmed from a dispute over the family pension and service benefits amounting to over ₹5.7 lakh. The appellants argued that under Rule 75(6) of the Railway Services (Pension) Rules, 1993, the second wife was ineligible for a family pension. However, the High Court ruled that the second wife, being a legally recognized widow, was entitled to the benefits. The court noted that no evidence was presented to establish that her marriage to the deceased was invalid.
The court also relied on evidence including marriage and voter documents, emphasizing the validity of the Lok Adalat award, which recognized the second wife and her children as beneficiaries. The judgment reaffirmed the principle under Section 381 of the Indian Succession Act, 1925, that payments made in compliance with a valid succession certificate indemnify the payer.
Dismissing the appeal, the court directed the disbursement of ₹41.7 lakh deposited by the appellants as arrears of the family pension, subject to compliance with procedural requirements such as stamp duty payment. The judgment provides clarity on the rights of second wives and family pension eligibility under Indian law.
