SAROJAMMA, W/O. LATE BYRASHETTY Vs. UNION OF INDIA, BY ITS SECRETARY, FINANCE DEPARTMENT, SAMSHAD BHAVAN, NEW DELHI, THE ASSISTANT GENERAL MANAGER, BANK OF BARODA, KARNATAKA REGIONAL OFFICE, 3RD FLOOR, HJS CHAMBERS. NO. 26, RICHMOND ROAD, BANGAL

JUDGEMENT

(1.) HEARD the counsel for the petitioner and the counsel for me respondents.

(2.) THE facts briefly stated are that the petitioner is the widow of an employee of Bank of Baroda, represented by -respondent no.2. He died while he was in service on 28.6.2007 and he was working as a Security Guard in the K.G.Road Branch of the Bank at Bangalore. He had entered the service of the Bank in the year 1990 on retiring from the Indian Army on 30.6.1988, where he was working as a Naik in the Madras Engineering Group. He had put in 15 years of service in the Indian Army. After his death, his wife was receiving family pension of Rs.2642/ - by virtue of her husband's service in the Army.

(3.) IT is stated that the last drawn gross salary of the deceased was about Rs.8859/ - for the month of January which is incorrectly shown as Rs.8705/ - in the writ petition and the pension drawn by the petitioner was only Rs.2642/ -. It is also stated that the Bank ought not to have taken into account the family pension which was being paid by the Indian Army for the services rendered by the petitioner's husband as it was not for the services rendered to the Bank and therefore, the Bank was not in a position to take that into account. However, the same is one of the heads included in the income which was available to the family of the petitioner. It is stated that in the usual course, the petitioner's husband would have continued in service for atleast seven years if he had continued to live and the denial of a nominal benefit, which she was claiming therefore, results in miscarriage of justice and seeks the intervention of this court.