K SARASWATHI AMMAL Vs. UNION OF INDIA

JUDGEMENT

(1.) THE facts to the extent they are relevant and required for the disposal of these writ petitions are the following : The petitioner is a widow. Her son K. Ekambaram was working as Section Supervisor (Telecom) in the Department of Tele Communication under the second respondent. He had joined the service on February 1, 1955. He had completed 37 years of service. He was eligible for pension. He was a bachelor and died on June 10, 1992. After his retirement he was given monthly pension for the months of April and May 1992 as he had taken voluntary retirement with effect from April 1, 1992. He was the only son of the petitioner providing her daily bread. She applied to the second respondent by her letter dated July 22, 1992 to pay her family pension amount stating the fact of the death of her son. Petitioner received the intimation from the second respondent bearing No. TA/pen/c. 601/16 dated October 19, 1992 that as per Rule 54 of the Central Government Pension Rules, the mother of the deceased employee is not eligible for family pension. Thus the petitioner is aggrieved by the refusal of family pension to her. Hence she has filed these two writ petitions.

(2.) IN W. P. No. 15290 of 1993 the petitioner has sought for a writ of declaration declaring that "mother and father of the deceased unmarried son are entitled to family pension under Rule 54 of the Central Government Pension Rules". In W. P. No. 15291 of 1993 the Petitioner has sought for quashing the intimation of the second respondent dated October 19, 1992 aforementioned refusing her family pension.

(3.) HAVING regard to the contentions raised by the parties and the nature of the relief sought for, both the writ petitions are being disposed of by this common order.