HANS DEVI Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) It is not in dispute that petitioner's husband was enrolled in Military Police on 24.4.1926 and was discharged from Military Police on 24.4.1942. The petitioner's husband Ex Sepoy Munshi Ram expired on 15.3.1979. Family Pension claim was recommended by Superintendent of Police Andaman and Nicobar, Port Blair, which was concurred by respondents and through P.P.O. No 363/PAO/Audit/Delhi/1632 dated 15.2.1989, the pension was sanctioned in petitioner's favour w.e.f. 16.3.1979 till death or re-marriage of the petitioner. By virtue of order dated 9.2.1993 (Annexure B) the pension was stopped without issuing any show cause notice or allowing any opportunity of being heard.

(2.) The petitioner, feeling aggrieved against stoppage of the pension filed this petition. One of the grievances made by her is that the order of stoppage of pension is void and in violation of the principles of natural justice, namely, without issuing any show cause notice. Feeling dissatisfied with the reply filed by respondents on the affidavit of Sudama Ram, Dy. Accountant General (A & E), in the office of Sr. Dy. Accountant General (A & E), H.P., Shimla, on 26.3.1996 last opportunity was allowed to the respondents No. 1 to 4 to satisfy the Court that the stoppage of family pension to the petitioner has been in accordance with law. No further reply has been filed on behalf of the respondents.

(3.) The contents of reply affidavit coupled with the impugned order annexure B on the face of it also suggest that the stoppage of pension was not compliance with the principles of natural justice. In case, pension had been sanctioned and same could not have been stopped without affording due opportunity of being heard after issuing a show cause notice to the petitioner. Since there is clear violation of the principles of natural justice, the impugned order annexure B cannot be sustained. The same is quashed and set aside by allowing the writ petition. It is further directed that the petitioner will be continued to be paid the pension in terms of the Pension Payment order. Arrears of pension from the date when it was withheld, namely, March 1993 till 31.3.1996 will be duly worked out and paid to the petitioner with interest @ 12% p.a. from the due date till payment for each month's arrear within a period of two months.