MANJU TIWARI Vs. UOI

JUDGEMENT

(1.) THIS is the second round of litigation fought by the petitioner against the Union of India. It is her first round of litigation against the State of Uttar Pradesh.

(2.) CLAIM of the petitioner before the Armed Forces Tribunal has resulted in defeat when, vide impugned order dated 18.2.2001, OA No.78/2010 filed by the petitioner was dismissed.

(3.) SINCE he died in service and while on duty, family pension was released to the petitioner. She claimed liberalized family pension which was denied to her and thus she filed W.P.(C) No.5262/2003 praying that liberalized family pension should be released to her. Vide judgment and order dated 4.3.2005 the claim was allowed. The learned Division Bench of this Court noted Government of India, Ministry of Defence, instructions dated 31.1.2001 on the subject. Relevant extracts from Part-II of the instructions were highlighted in the decision as under:-