@ Author
1. I disagree to bald reply of Mr. Rajoo, Adv.
2. Her (second wife’s) claim is valid.
Reasoning:
Here are the CCS Rules;
"Family" means:-
(i) the Government servant’s wife or husband, as the case may be, and two surviving unmarried children or step children wholly dependent on the Government servant, irrespective of whether they are residing with the Government servant or not;
(ii) married daughters who have been divorced, abandoned or separated from their husbands and widowed daughters and are residing with the Government servant and are wholly dependent on the Government servant;
(iii) parents and/or step mother residing with and wholly dependent on the Government servant;
(iv) unmarried minor brothers as well as unmarried, divorced, abandoned, separated from their husbands or widowed sisters residing with and wholly dependent on the Government servant, provided their parents are either not alive or are themselves wholly dependent on the Government servant.
Explanation:
Not more than one wife is included in the term "Family" for the purpose of these Rules. However, if a Government servant has two legally wedded wives and the second marriage is with the specific permission of the Government, the second wife shall also be included in the definition of "Family".
Now here is what 2009 SC case Law says involving two wives of a deceased Karnataka Govt. Employee and more particularly the wives had already the “agreement” similar to your clients in place and this case law squarely fits as benchmark in your query:
In the words and wisdom of the then Lordship Markandey Katju;
“When the two wives have come to an understanding who are you to oppose it? Why should you be bothered, if one wife seeks compassionate appointment and another wants the compensatory benefits," a bench of Justices Markandeya Katju and R M Lodha asked, while dismissing a Karnataka Government's appeal.
