INDERJIT SINGH PATHAK Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner Mrs.Inderjit Singh Pathak seeks writ of certiorari for quashing order dated 26.9.2001. By the said order petitioner was notified of the provisional decision cancelling the SSS pension granted to the petitioner. Further the amount drawn by her as SSS Pension was to be recovered and she was asked to deposit the same, failing which the Government of India would initiate steps for recovery of the same.

(2.) Petitioner seeks a writ of mandamus directing respondents to grant pension to her as envisaged under the Swatantra Sainik Samman (SSS) Pension Scheme,1980 and as provisionally paid with arrears of pension, with interest at the rate of 18% p.a.

(3.) The impugned order dated 26.9.2001, was the culmination of the claims put up by the petitioner Smt.Inderjit Singh Pathak claiming to be the lawfully wedded wife of late Shri Shailendra Kumar Pathak (hereinafter referred to as the `pensioner'), and the rival claim of Smt.Sushila Pathak, as the lawfully wedded wife of the pensioner, being married to him on 19.6.1956 and having two daughters namely Nilima Pathak and Subra Pathak from the wedlock.