UNION OF INDIA Vs. SARASWATHI VISWASAM

JUDGEMENT

(1.) Appeal arises out of the order of the learned single Judge in WP NO.20847 of 1993 dated 3.11.2000. The Writ Petition was filed for issuance of a Writ of Mandamus directing the appeallant to pay dearness reloief with arrears from the year 1989 onwards along with the pension.

(2.) The writ petitioner joined the service under the appellant in the year 1957 and her husband Viswasan was also an employee under the appellant. He died on 19.12.1988 while he was in service. After the death of her husband, the writ petitioner was receiving pension. Her appointment was not on compassionate ground. She made a representation requesting the appellant to pay dearness relief along with the pension on 19.6.93. The appellant rejected the application on the ground that Rule 55-A (ii) of Central Civil Services (Pension Rules) 1972, as amended Rule of 1991 do not contemplate dearness relief for a pensioner who was employed or re-employeed.

(3.) The learned single Judge found that the writ petitioner who was the recipient of the family pension was already in employment and therefore, Rule 55-A (ii) of Central Civil Services (Pension Rules) 1972, is not applicable and directed the appellant for payment of dearness relief to the writ petitioner.