Smt. Rekha Patankar vs General Manager Bank Of India
2025 Latest Caselaw 970 MP

Madhya Pradesh High Court

Smt. Rekha Patankar vs General Manager Bank Of India on 1 July, 2025

         NEUTRAL CITATION NO. 2025:MPHC-GWL:13331




                                                             1                              WP-14975-2023
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                       BEFORE
                                         HON'BLE SHRI JUSTICE ASHISH SHROTI
                                                  ON THE 1 st OF JULY, 2025
                                              WRIT PETITION No. 14975 of 2023
                                            SMT. REKHA PATANKAR
                                                    Versus
                                  GENERAL MANAGER BANK OF INDIA AND OTHERS
                         Appearance:
                                Shri Hardayesh Kumar Shukla - Advocate for the petitioner.

                                Shri Kunal Suryavanshi- Advocate for respondents no. 1 to 3.

                                                                 ORDER

Petitioner has filed this writ petition praying for the following reliefs:-

"1. That, being as a widow of Late Shri Kashinath Patankar the petitioner is entitle to have a family pension as per the rules therefore, the respondent be directed to provide the family pension of the petitioner forthwith.

2. That, the respondent further be directed to pay the pension to the petitioner from the date of death of her husband which is 26/7/2022 and also pay the interest upon the outstanding dues of the family pension upon 26/7/2022 till its disbursement.

3. That, the respondent further be directed to decide the petitioner representation which has been submitted by the petitioner for obtaining the family pension of her husband. That, the cost of the litigation may also be awarded.

4. Any other relief which this Hon'ble Court deem fit in the facts and circumstances of the case may kindly be granted to the petitioner."

2. It is the case of the petitioner that she is the legally wedded wife of late Kashinath, who was working a Computer Operator in the respondent- Bank of India. He has expired on 26/7/2022 and therefore, the petitioner

NEUTRAL CITATION NO. 2025:MPHC-GWL:13331

2 WP-14975-2023 claims that she is entitled to payment of family pension.

3. On the other hand, respondents' counsel submitted that before marriage of petitioner with Kashinath Patankar, he was already married to another lady with same name Smt. Rekha Patankar. There is nothing available on record to show that earlier marriage of Kashinath Patankar was dissolved and thereafter, he married to the petitioner. He submits that under the relevant rules, if there are more than one wife alive, family pension is payable to all the widows in equal share. It is therefore, necessary to ascertain as to whether the earlier wife of deceased employee namely Smt. Rekha Patankar is alive or not. He also submits that if the petitioner can show that the earlier marriage of Shri Kashinath Patankar was dissolved, the full family pension can be paid to the petitioner.

4. To this, learned counsel for the petitioner submits that during pending of this petition, he could secure certified copy of judgment dated 24/7/1996 passed by the Court of Seventh Additional Judge to the Court of District Judge, Gwalior in Case No. 115-A/90 (HMA), wherein, the marriage of Shri Kashinath with his earlier wife Smt. Rekha Patankar has been dissolved. He therefore, submits that the respondents may be directed to reconsider the petitioner's claim for grant of family pension in view of the aforesaid judgment. He also submits that even otherwise, as per the rules of Bank, the Bank is liable to pay half of the family pension to petitioner.

5. Learned counsel for the respondents has no objection to this submission made by learned counsel for the petitioner.

6. Accordingly, this petition is disposed of directing the

NEUTRAL CITATION NO. 2025:MPHC-GWL:13331

3 WP-14975-2023 respondent/Bank to consider petitioner's claim for grant of family pension keeping into account the judgment dated 24/7/1996, whereby, the earlier marriage of Shri Kashinath Patankar was dissolved. The petitioner shall produce the copy of the judgment before the competent authority of the Bank. The competent authority of the Bank shall also consider and pass suitable order with regard to petitioner's claim for grant of half of the family pension amount, even if, she is not held entitled for full pension. Let decision in this regard be taken by the competent authority within a period of 90 days from the date of submission of certified copy of this order.

7. Petition stands disposed of accordingly.

(ASHISH SHROTI) JUDGE

JPS/-