BHAGWANTI SHARADA SWAMY Vs. UNION OF INDIA

JUDGEMENT

(1.) Each of these two writ petitions under Art. 32 of the Constitution is by the widow of the respective pensioners. Since family pension under the Rules has not been given to them, they have asked for a mandamus to the respondent-Union of India to grant such pension in terms of the pension scheme applicable to the category to which the husbands of the respective petitioners belonged.

(2.) Petitioner Smt. Bhagwanti is the widow of an ex-Subhedar of the Indian Army. Her husband after serving for 18 years retired on 3-8-1947 and was given pension. In 1955, his wife died and in 1965 he was married to the petitioner. The Subedar died in Sept., 1985 in an accident. Petitioner who has two minor children applied for family pension and the same has not been granted.

(3.) The petitioner in the connected writ petition is the wife of a retired Railway employee. Her husband took voluntary retirement" at the age of 44 in Nov., 1979. Petitioner got married to her husband in 1981 and has a daughter born in 1984 out of the said wedlock. Petitioner's husband died in 1986. The petitioner applied for family pension but by a letter dated 3rd of August, 1988, her application was rejected by saying:'It has not been found possible to include wife of a Government servant who had married after retirement in the definition of 'family' for grant of family pension'.