Family Pension Of Deceased Employee Can Be Shared Equally Between First & Second Wife On Basis Of Voluntary Compromise: HP HC

Background Facts

Late Sohan Lal retired as an Assistant Sub-Inspector from the Police Department. He passed away on 02.03.2023. The appellant was married to Sohan Lal on 06.12.1970. A daughter was born on 19.04.1976 from this marriage. However, the couple separated later. Subsequently Sohan Lal married Gaitri Devi on 02.02.1979, with whom he had four children. Upon his death, the Accountant General sanctioned pension in favour of Gaitri Devi. The appellant being his legally wedded wife, sought family pension. However, the pensionary benefits were released in favour of Gaitri Devi, as her name was recorded in the service documents of the deceased employee. Aggrieved, the appellant filed a writ petition before the High Court. The Single Judge dismissed the writ petition by order dated 15.07.2024.

Aggrieved by the same, the appellant filed the appeal. However, during the pendency of the appeal, both appellant and Gaitri Devi expressed willingness to amicably settle the dispute. They recorded their statements before the Registrar (Judicial) and agreed to share the pension equally, i.e., 50% each.

It was submitted by the appellant that she was ready to compromise the dispute with respondent Gyatri Devi and was ready and willing to share the pension with her and both of us shall be entitled to the extent of half portion each i.e. I will get 50% of the pension amount and 50% of the pension amount shall be given to respondent.

On the other hand it was submitted by the respondent that Late Shri Sohan Lal had married her in the year 1979. After his death pensionary benefits were granted to her. It was further stated by her that she was ready to compromise the dispute with appellant and was ready and willing to share 50% of the pension amount i.e. both of them shall be entitled to the extent of half share each. It was further stated that she made the statement out of her free will and without any fear, undue influence and misrepresentation.

Findings of the Court

It was observed by the Court that the appellant Kamla Devi was married to late Shri Sohan Lal on 06.12.1970 and from the marriage a daughter was born in 1976. Thereafter, the couple separated and Sohan Lal contracted a second marriage with respondent in 1979, from which four children were born. It was noted by the Court that after his death on 02.03.2023, pensionary benefits were sanctioned in favour of the respondent as her name was recorded in the official service records.

It was further observed by the Court that in mediation, respondent voluntarily made a statement on 21.08.2025 that she was willing to compromise the dispute and share the pension equally with the appellant. Subsequently, the appellant also recorded her statement on 08.09.2025, agreeing to a 50%-50% division of the family pension. Both statements were made out of free will without any fear, fraud, or undue influence.

It was held by the Court that in view of the voluntary compromise, the judgment passed by the Single Judge could not be sustained. Hence it was set aside. It was directed by the Court to the State to take necessary steps to revise the pension case of both appellant and respondent.

It was concluded by the court that a voluntary compromise between the first and second wife of a deceased employee is valid, and accordingly directed that the family pension be shared equally between them. It was further directed by the Court that the authorities must complete all formalities within four weeks. With the aforesaid observations, the appeal was disposed of.

Case Name : Kamla Devi vs State of Himachal Pradesh & Ors.

Case No. : LPA No.330 of 2025

Counsel for the Appellant : Appellant [Kamla Devi] in person with Vijay Singh Bhatia, Advocate

Counsel for the Respondents : Gobind Korla, Additional Advocate General, Respondent [Gaitri Devi] present in person with Vijay Chaudhary, Advocate.