UOI Vs. JANKI DEVI

JUDGEMENT

(1.) C .M. Appl. No.2378/2015 (Exemption) Exemption allowed subject to just exceptions. Application stands disposed of.

(2.) WE have heard learned counsel for the petitioners and learned counsel for the respondent. The Tribunal has threadbare gone into all these issues and we need not reiterate the reasoning given by the Tribunal in our order. The Tribunal has also placed reliance on the judgment of the Apex Court in G.L. Bhatia v. Union of India, 1999 5 SCC 237 where in almost identical facts the employee had not disclosed the name of her husband on the relevant form and after the death of the employee the husband had approached the employer claiming his entitlement to the grant of family pension and the view taken by the Apex Court was that the rights of the parties are governed by the statutory provision and the individual lapse in not nominating his/her family member as nominee do not deprive the nominee to the grant of the family pension. The relevant para of the said judgment although referred to in the impugned order is again reproduced here for better appreciation: -

(3.) UNDER Rule 54 sub -rule (14(b)(i) the expression "family" has been defined thus: