NEELIMA BHATNAGAR Vs. UNION OF INDIA

JUDGEMENT

(1.) In this petition filed u/Art. 226 of the constitution the claim is for payment of higher family pension to the petitioner and her child.

(2.) The husband of the petitioner, Capt. M.K. Bhatnagar, to whom she was married on 9th May, 1971, was working as an Assistant Commandant in the B.S.F. On 1.6.72 Capt. M.K. Bhainagar died while on duty. He left behind his widow namely, the petitioner and also a minor daughter, who was born on 15.2.72. It is not in dispute that the petitioner and her daughter are entitled to the benefits of the family pension. Vide letter dt. 13.6.73 petitioner was informed that she will get a family pension of Rs. 96.00 only. The petitioner represented against this by contending that her husband had died while on duty. This representation was accepted and vide letter dt. 9.4.75 the sanction of the President was conveyed whereby the petitioner was awarded a family pension at the rate of Rs. 150.00 p.m. with effect from 2.6.72 till her death or remarriage whichever occurs earlier. The minor daughter was awarded an allowance of Rs. 13.00 p.m. with effect from 2.6.72 till 14,2.93 or till her marriage whichever was earlier. In addition the death-curn-retirement gratuity of Rs. 4,770.00 was also sanctioned.

(3.) Government of India, Ministry of Finance, enhanced and revised the rates of pension which were being paid. An office Memo. dated 26.8.76 was issued whereby the monthly pension payable to a widow was increased w.e.f. 1.1.73. With respect to the Govt. servant who was getting a pay of Rs. 400.00and above but below Rs. 1200.00 with which we are concerned in the present case, the monthly pension payable was 25% of the pay subject to a maximum of Rs. 250.00 and a minimum of Rs. 125.00. It may here be stated at the time of his death Capt. Bhatnagar was drawing a pay of Rs. 795.00 plus allowances (Net pay of Rs. 875.00)-Reference need be made to one more Office Memo. that is date4.8.80. By the said memo, it was provided that the allowance to the child, in the case of an unmarried daughter, would be paid until her marriage or till she attained the age of 24 years. In view of this the daughter of the petitioner, unless she gets married should be entitled to get her allowance upto 14.2.96, the date on which she will attain the age of 24 years. But the only fly in the ointment is a clause which has been inserted in the said memo. dt. 4.8.80, wherein it is stated that these orders would apply to only those cases where the Government Servants had retired or died in service on or after 29.3.78