UNION OF INDIA Vs. P.SEVAKAN

JUDGEMENT

(1.) THIS writ petition is filed by the Postal Department against the order made in O.A.No.505 of 2012 dated 4.6.2013, challenging the order granting family pension to the first respondent from 2.4.2008 as his wife died, who was employed in Group 'D' service in the Postal Department.

(2.) THE first respondent prayed for a direction before the Tribunal to consider the services rendered by his wife in Group 'D' cadre for 9 years and 7 months along with the service rendered by her for about 24 years in GTS cadre and grant pension from the date of her retirement and family pension to the first respondent from the date of her death.

(3.) THE said O.A.No.505 of 2012 was opposed by the petitioners contending that the first respondent's wife was not having ten years of qualifying service in Group 'D' cadre, and as per Rule 49(3) of CCS Pension Rules, 1972, unless qualifying service of ten years is available, pensionary benefits cannot be extended to the first respondent's wife till her death and family pension to the first respondent from 25.4.2008, the next date of her death.