LAKSHMI DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) The present Writ Petition under Article 226 of the Constitution of India has been filed by the Petitioners, who are the parents of late CT/Bug Bhim Singh, an employee of the 90 Battalion, Central Reserve Police Force [hereinafter referred to as "CRPF"], assailing the correctness of Office Order dtd. 10/8/2017 passed by the Respondents, whereby the claim of Petitioners for grant of family pension to them, was declined. The Petition, in essence, questions the legality of the Respondents" action in continuing to disburse family pension in favour of Respondent No.6, the widow of the deceased employee, notwithstanding her remarriage.

(2.) In the course of assailing the rejection of their claim, the Petitioners have also laid challenge to the validity of Rule 54 of the Central Civil Services (Pension) Rules, 1972 [hereinafter referred to as "Rules"] and Clause 8.6 of the Office Memorandum dtd. 2/9/2008, insofar as the said provisions permit a childless widow of a deceased government servant to continue to receive family pension even after remarriage, subject to the conditions stipulated therein.

(3.) The issues which arise for consideration in the present Petition are as follows: