05.08.2026 Item No.05 Court No.01 KCP WPCT 141 of 2023 Dhanwanti Devi - Versus - Union of India & Ors. Mr. Aniruddha Datta …. For the petitioner Mr. Sukanta Chakraborty Mr. Tirtha Pati Acharyya …. For the Union of India Mr. Siddhartha Sankar Mandal Mr. Chiradip Sinha Ms. Sharmistha Dhar …. For the private respondent Disputes relating to the entitlement to retiral benefits, including pension, between the two wives and the son of the employee have led to the institution of the present writ petition, which has been preferred by one of the wives, namely, Smt. Dhanwanti Devi, challenging the order dated 21.03.2023 passed by the learned Tribunal in O.A. No. 350/00107/2017 (hereinafter referred to as "the OA"). Briefly stated, the facts that are necessary for the effective adjudication of the present writ petition are that one Baneswar Prosad Gupta, while serving as a Mate/Electrical, died on 27th December, 2013. After his death, one Smt. Jyostna Prosad Gupta, claiming herself to be the wife of the deceased employee, submitted an application for pension and other retiral benefits. On the other hand, one Smt. Dhanawanti Devi also made a similar claim. 2 The said claim and the rival claim led to the intervention of the learned Tribunal on two occasions. Smt. Dhanwanti Devi filed an original application, being O.A. No. 913 of 2015, which was disposed of by an order dated 08.02.2016 directing the concerned authority to consider the claim of Smt. Dhanwanti Devi and the rival claim of Smt. Jyostna Prosad Gupta after granting them a personal hearing and upon considering the documents to be produced by them. Pursuant thereto, upon considering the submissions made by both of them and examining the documents produced by them, the concerned authority passed an order dated 20.10.2016 for the settlement of the terminal benefits. The relevant portion of the said order, as quoted in the order impugned in the present writ petition, is as follows: ‘(a) Since the marriage certificate of Smt Dhanawanti Devi is of prior date than Smt Jyostna Prasad Gupta, she is considered as legal wife as per the Hindu marriage act and therefore entitled for full family pension. Subsequently, the disabled son of Smt Jyostna Prasad Gupta will get the same after the demise of Smt. Dhanawanti Devi. (b) As per sub rule 7(c) of Rules 54 of CCS (Pension) Rules 1972, the child out of void marriage is also entitled for relief. Therefore the son of Smt Jyostna Prasad Gupta is also entitled for relief. Hence, payment 50% of balance 3 terminal & benefits to be paid to Smt Jyostna Prasad Gupta and balance to Smt Dhanawanti Devi.’ Aggrieved by the order dated 21.10.2010, Smt. Jyostna Prosad Gupta preferred the O.A. vide. O.A. no. 107 of 2017, seeking a direction upon the employers of the deceased Baneswar Prosad Gupta to release 50% of the family pension and other terminal benefits in favour of the applicant and her physically challenged son, together with interest. The said O.A. was ultimately disposed of by the order impugned in the present writ petition. By the order impugned, the learned Tribunal observed that the question as to which of the contesting claimants is the legally wedded wife of the deceased employee could only be decided by a competent court of law and, accordingly, set aside the speaking order. The matter was, however, remitted to the concerned authority for fresh consideration of the issue. Aggrieved by the said order dated 21.03.2023 passed in the O.A., Smt. Dhanwanti Devi has preferred the present writ petition. In the course of hearing, by an earlier order dated 13th July, 2026, we directed Mr. Chakraborty to produce written instructions as regards the sum payable in terms of clause (a) of the order dated 20th October, 2016 to the petitioner herein and the sum that would be payable in terms of clause (b) thereof to the respondent no. 8 herein. Pursuant thereto, Mr. Chakraborty has submitted the written instructions, which are taken on record. The 4 other documents, as placed by the parties, are also taken on record. The written instructions produced by Mr. Chakraborty reveal that the monthly pension payable is Rs.16,464/- and that the arrears of pension for the period from 28th December, 2013 to 30th June, 2026 amount to approximately Rs.26,50,063/- upto June, 2026. The other terminal benefits, including death gratuity, General Provident Fund, etc., amount to approximately Rs.11,84,940/-. In the course of the hearing, Smt. Dhanwanti Devi, who is personally present in Court, and Smt. Jyostna Prosad Gupta agreed before this Court to the following terms and conditions: a) Dhanawanti Devi shall be entitled to the monthly pension as it stands as on date, being Rs.16,464/-. The disabled son of Smt. Jyostna Prosad Gupta shall be entitled to receive the same upon the demise of Smt. Dhanawanti Devi; b) Out of the total arrears of pension accumulated up to June, 2026, amounting to Rs.26,50,063/-, the disabled son shall receive a sum of Rs.8 lakhs, and; c) Out of the total terminal benefits, including death gratuity, GPF, etc., amounting to Rs.11,84,940/- (approx.), the amount shall be divided in equal shares between Dhanawanti Devi and the disabled son of Jyostna Prosad Gupta. 5 Since the parties have amicably resolved the disputes that had arisen between them and have fully and finally settled their respective claims in respect of the retiral benefits and family pension of Late Baneswar Prosad Gupta, the present writ petition stands disposed of in terms of the settlement recorded in the foregoing paragraphs. The respondents are directed to disburse the amount in the manner agreed upon by the parties, as referred to in the preceding paragraphs. Such disbursement shall be made within four weeks from date. With this observation and order, this writ petition is, thus, disposed of. There shall, however, be no order as to costs. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Partha Sarathi Chatterjee, J.) (Tapabrata Chakraborty, A.C.J.)