MANJU YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the order of the learned Single Judge dated March 7, 20901 in Civil Writ Petition No. 894 of 2001. The facts giving rise to me writ petition are as under :-

(2.) The appellant was married to Shri Veerdev Yadav, who was serving as Deputy Commandant in the Border Security Force. On August 29, 1992 Shri Veerdev Yadav lost his life while fighting the naxalites in Karim Nagar District of Andhra Pradesh. At the time of his death, Shri Veerdev Yadav was survived by me appellant and three months old daughter Deepika. In accordance with O.M. No. 35/5/89-P.& P.W.(K), dated April 9, 1990, me appellant Manju was granted benefit of the liberalized pensionary award vide PPO No. 240559248189. On June 19, 1994, the appellant contracted second marriage as a result whereof the liberalized pensionary award was withdrawn and in place thereof she was granted ordinary family pension. Unfortunately, the second marriage did not work and on February 21, 1997 the same was annulled by a decree of divorce. After that, from May 25, 1997 to August 28, 1997 the appellant made several representations to the respondents for restoration of the liberalized pension. On September 9, 1997, the request of the appellant was rejected by the respondents. Thereupon, the appellant filed a writ petition claiming the following reliefs :-

(3.) The learned Single Judge was of the view that the action of the respondents in not restoring liberalized pension after annulment of the second marriage cannot be said to be illegal since there was no such provision for payment of the same. Accordingly, the learned Single Judge rejected the writ petition of the appellant.