SREEJA Vs. UNION OF INDIA

JUDGEMENT

(1.) The question that is raised in this writ petition is whether a widow who was getting family pension is disentitled to get the same because of fact that she married the brother of the deceased. The deceased Sunil Kumar was a Naik in the Indian Army. The petitioner was married to him during the year 1997. He was in the Bombay Engineering Group of the army. He expired on 2.6.1999 at Base Hospital, New Delhi. Subsequently, by Ext. P2, the family pension was sanctioned to the petitioner being the most eligible legal heir to receive the same, and being the widow of the deceased she continued to receive the same. The payment depends upon the annual verification to be conducted by the P.D.A and she was continuously being present whenever required. It is pointed out that upto 31.1.2002 family pension was being credited into the S.B account of the petitioner without any interruption. The petitioner has got a case that since she was not present before the fourth respondent, D.P.D.O for annual verification during January, 2002, the payment of the amount was discontinued. Even though an application was submitted on 30.7.2003 for restoration and continuation of pension, the same was not granted.

(2.) The petitioner has produced as Ext. P5, the relevant rules concerning the matter. Specific reliance is placed on Regulations 219 and 249 of Pension Regulations, 1961.

(3.) During the pendency of the writ petition, arrears upto the date of her remarriage has been paid. The respondents have filed a counter-affidavit explaining their stand. According to them, the widow has been sanctioned ordinary family pension only which is payable during the widowhood. Regulation 219 pertains to special family pension. A distinction is sought-to be drawn between the relevant rules by pointing out that what is relied upon by the petitioners as per Ext. P5 are not the relevant Rules. The substantial contention raised is that special family pension is payable to the widows who are granted special family pension prior to 1.1.1996 and who have re-married with the real brother of her late husband.