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SMT. MAHENDRI DEVI versus UNION OF INDIA AND OTHERS

High Court of Judicature at Allahabad

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Smt. Mahendri Devi v. Union Of India And Others - WRIT - A No. 40851 of 2003 [2007] RD-AH 7025 (17 April 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Vineet Saran, J.

Heard Sri L.A. Siddiqui, learned counsel appearing for the petitioner and Sri A.K. Roy, learned counsel appearing for the respondents and have perused the record. Pleadings have been exchanged and with consent of the learned counsel for the parties, this writ petition is being disposed of at this stage.

Dalbir Singh, the son of the petitioner was a Constable in the Central Reserve Police Force. He died in harness on 23.9.1983. As per the Rules, family pension was sanctioned in favour of the widow of Dalbir Singh. From 1983 to 1990 the widow of Dalbir Singh, namely, Smt. Geeta Devi received pension and when the same was stopped on 27.3.1990 on the ground that she had re-married, the petitioner claims that as widowed mother of the deceased employee, she would be entitled to payment of family pension. In support thereof, the petitioner relies on Rule 50 of the Central Civil Service (Pension) Rules which defines ''family' and the same includes the mother of the employee.

Learned counsel for the respondents has not been able to show any provision under which once the family pension has been granted in favour of widow of an employee then thereafter, because of her becoming ineligible, the family pension would not be granted to the another eligible person, who may be the widowed mother who was also dependent on her son.

Since definition of family includes the mother of the employee and it is admitted that the respondents are obliged under law for payment of family pension, in my view, denial of payment of family pension to the widowed mother of the deceased employee, after the widow of the employee becoming ineligible for the same, is unreasonable.

As such, since it is admitted that the said Dalbir Singh was in service in which his dependents were entitled to payment of family pension, the petitioner, who is widowed mother of the deceased employee and covered under the definition of family, would thus be entitled to payment of family pension after the same was stopped in favour of widow of the employee.

Accordingly, this writ petition stands allowed. The order dated 3.11.1997 passed by the respondent no. 4 as well as the order dated 24.7.2003 passed by the respondent no. 3 are quashed. It is directed that the petitioner shall be paid family pension with effect from the date it was stopped in favour of the widow of Dalbir Singh. The arrears of pension shall be computed and paid to the petitioner within six months from today and thereafter the petitioner shall be paid family pension regularly month by month.

No order as to costs.      

Dt/-17.4.2007

p.s.

w.p.40851.03


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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