KARMI DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard on merits.

(2.) The husband of the petitioner was a railway employee who took voluntary retirement in 1979 and died thereafter in 1980. The petitioner claims family pension. The claim was contested on behalf of the respondents on the ground that the petitioner's husband has not exercised the option for obtaining the benefit of Liberalised Family Pension and, therefore, the petitioner was not entitled to grant of the same. We find in the rejoinder affidavit dated 2-1-1992 filed by the petitioner an assertion that the petitioner's husband did exercise such an option while in service. In the facts and circumstances of the case, we do not consider it appropriate to direct any further enquiry for determining this fact which has been disputed on behalf of the respondents and we consider the petitioner's affidavit making such an averment sufficient to support her claim. The only ground on which the petitioner's claim' for family pension has been contested does not, therefore, survive.

(3.) As a result of the above conclusion, the petitioner has to be paid the family pension for which she is entitled according to the rules. The respondents are directed to compute the amount without further delay, preferably within a period of two months and make the payment to the petitioner together with all the arrears due to her within a period of one month of the said determination.