KUNHAMI Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner is the mother of Late Shri Kunjabdulla who died in a road accident on 21/01/1982 while serving the Indian Army in Pattiala. Consequent on his death, some amount was paid to his widow--Smt. Haleema, towards terminal benefits. Ordinary family pension was sanctioned in favour of Smt. Haleema with effect from 22/01/1982. A sum of Rs. 4747/- was also paid on account of death gratuity. Smt. Haleema remarried and lost her right to receive family pension. Shri Kunjabdulla had no issues. On coming to know about the fact of remarriage, the respondents stopped payment of family pension to Smt. Haleema.

(2.) Parents of Shri Kunjabdulla who were depending on him for their livelihood, applied for family pension. Their request was turned down by the second respondent on 10/02/1984 stating that consequent on the disqualification of the widow to receive family pension, ordinary family pension cannot be authorised to the parents. According to the respondents, if any minor child of Shri Kunjabdulla was alive, claim for family pension will be maintainable on behalf of the child. They submitted in the year 2000, one more application for family pension before the Defence Ministry. This application was transmitted to the third respondent and pursuant to that, Ext.P3 communication dated 28/08/2000 was sent from the office of the third respondent to the petitioner, requesting her to fill up three sets of family pension claim forms which were forwarded to her alongwith the documents mentioned as (a) to (d) therein. With sigh of relief and renewed hopes, she forwarded all the documents to the third respondent. But was disappointed when the Senior Accounts Officer, Chief Controller of Defence Accounts, Allahabad as per letter dated 18/12/2000 took the stand that the petitioner's claim was untenable and liable to be rejected.

(3.) According to the respondents, parents of the deceased would become entitled to family pension only when the deceased had not left behind any other specific beneficiaries who have prior claim to family pension. Since the widow of the deceased had already been granted family pension, mother of the deceased cannot be regranted family pension, even after stoppage of payment of pension to the widow on her remarriage.