IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5950 of 2010 SMT.YASODA DEVI W/O LATE MAHADEO GOPE EX. C.NO.163,CHARGEMAN, MTS/JAMALPUR, R/O VILL NAYAGAON BADDIPARA, P.S.EAST COLONY , P.O.JAMALPUR, DISTT-MUNGER ---PETITIONER. Versus 1. THE UNION OF INDIA THROUGH THE GENERAL MANAGER, EASTERN RAILWAY 17, NETAJI SUBHAS ROAD, KOLKATA 2. THE CHIEF WORKS MANAGER, EASTERN RAILWAY JAMALPUR P.O.JAMALPUR, DISTT-MUNGER 3. THE WORKSHOP PERSONNEL OFFICER, EASTERN RAILWAY JAMALPUR WORKSHOP, P.O.JAMALPUR, DISTT-MUNGER 4. CHANDRA BHUSAN PD. SINGH YADAV S/O LATE MAHADEO GOPE R/O MOH NAYAGAON BADDIPARA, P.S.EAST COLONY, P.O.JAMALPUR, DISTT-MUNGER - -------RESPONDENTS. ----------- 2. 8.4.2010 Heard Mr. Harshwardhan Sahay for the petitioner, and Mr. Anil Singh for the Railways. This writ petition is directed against the order dated 5.10.2009, passed by the learned Central Administrative Tribunal, Patna Bench, in O.A. No. 526 of 2009 with M.A. No. 283 of 2009 (Smt. Yashoda Devi Vs. Union of India & Ors.), whereby the original application preferred by the present petitioner for grant of family pension, has been rejected. 2. We have perused the materials on record and considered the submissions of learned counsel for the parties. The admitted position is that one Mahadeo Gope was in the 2 services of the Indian Railways. He was born in the year 1977, and in due course married one Sato Devi. She died in the year 1970, whereafter, in 1970 itself, he married Shyama Devi. While the marriage was subsisting, the employee married the present petitioner in the year 1974. The employee superannuated on 30th September 1985, and died on 25.1.2002. Shyama Devi started getting family pension, and continues to draw the same till date. The present petitioner filed the original application with the prayer that, she being the second wife, is also entitled to family pension, which has been rejected on the ground that petitioner’s marriage is null and void. 3. It appears to us that it is evident that the employee had married the present petitioner while marriage with Shyama Devi was subsisting, and indeed she (Shyama Devi) is still alive and continues to enjoy the family pension. In such a situation, the marriage with present petitioner is null and void in terms of section 11, read with 5(i), of the Hindu Marriage Act, 1955. It is a frivolous writ petition. The petitioner has 3 burdened the Tribunal as well as this Court with most unwanted matters. 4. The writ petition is dismissed. Vinay/ ( S. K. Katriar ,J. ) (Kishore K. Mandal, J.)