Kolkata: Illegitimate children are entitled to get the benefit of pension, Calcutta High Court on March 17 reiterated while directing the Eastern Railway to include names of a gateman’s first wife and his 15-year-old daughter with his second wife in the service and pension book.“It is settled law that an illegitimate child is also entitled to get the benefit, if any, from a govt servant,” Justice Krishna Rao held.The authorities were directed to immediately process the pension papers and to release all consequential benefits, including the monthly pension, within eight weeks. The amount was released provisionally, considering the pending dispute between the man and the first wife (50), who had moved the Calcutta HC, seeking the railway authorities to strike off the names of the second wife and her daughter from the service book and include hers and her son’s. Her case was that she was an epilepsy patient and that her husband had deserted her and, without her knowledge, married another woman. It is after he superannuated on Dec 31, 2025, that she learnt that both her and her son’s names were replaced by the second wife’s and her daughter’s names.There was a maintenance case before 2012 when the man was directed to pay Rs 1,000 to the first wife as maintenance for the son. But no divorce decree was granted. The woman alleged since March 2012, the husband had not paid her and that she had been in a financial crisis. She filed a representation before ER, which responded stating, “As the second marriage is void as per Hindu Marriage Act, the legally married first wife and daughter from the second wife both are eligible @50% each, as per law.“The man’s counsel argued it was the first wife who deserted him and wanted the names of the second wife and daughter to remain. Justice Rao noted the first wife was legally recognised as no divorce decree was produced. So, the second wife will not have any right to claim any pensionary benefits, but the daughter will be entitled to have her name included.
