PANCHAMI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard both sides. Petitioners are the parents of deceased J. Valsalan, who died in an insurgent attack at Pastoi Market (Imphal) while he was in service under respondents 1 to 3. The 4th respondent who was his wife, was awarded with Liberalised Pensionary award and she got re-married on 3.5.2000. On re-marriage, the widow being disqualified, the same was stopped and she was paid ordinary family pension as a special provision. The parents are not getting any pension. Hence, this Writ Petition with the following prayers:

(2.) The learned counsel for the petitioners submits that as per sub-s. (4) of S. 4 of the consolidated orders on LPA [GOI, Department of Pension and Pensioners Welfare, O.M. No. 33/5/89-P & P.W.(K), dated the 9th April, 1990 as modified by O.M. No. 45/22/97-P & PW(C) dated the 3rd February, 2000], the parents are eligible for 75% of the pay last drawn by the deceased and a single parent is eligible for 60% of the pay last drawn without reference to the pecuniary circumstances of the parents provided the government servant dies as a bachelor or as a widower without children. S. 4 of the consolidated orders on L.P.A. reads as follows:

(3.) The learned counsel for the petitioners placing reliance upon the decision reported in Padmavathy Amma v. Union of India & Ors.,2009 4 KerLT 456 , submits that upon disqualification of one member the other dependent family members are eligible for the family pension. The operative portion of the said decision reads as follows: