LEELAMMAL Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner has sought a Writ of Mandamus, directing the respondents to grant family pension to the petitioner and pay the arrears of pension from 03.04.2003, i.e., from the date of stoppage of family pension to her daughter in law, Latha on account of her remarriage till the date of payment with 12% interest and for further orders.

(2.) BRIEF facts leading to the Writ Petition are as follows: The petitioner's son was employed in Border Road Organization, coming under the Ministry of Defence and he died in harness on 18.10.2000, leaving behind him, his mother the petitioner herein and his wife, the daughter -in -law of the petitioner. The death benefits and family pension were paid to petitioner's daughter in law in accordance with law, without intimation to the petitioner or her husband. Trusting that her daughter -in -law would take care of the parents -in -law, they did not seek for any separate relief from the respondents. But to their dismay, petitioner's daughter in law, after collecting the death benefits and pension, re -married and left them in lurch to languish in utter poverty. In these circumstances, the petitioner appealed to the respondents to grant family pension to her, as her daughter -in -law had re -married and left the matrimonial home. It is case of the petitioner that though pension papers were recommended and forwarded to PCDA (Pensions), third respondent herein, for approval, the Officer Commanding 1441 Bridge Construction Coy (GREF), C/o 99 APO, second respondent herein, by order dated 02.04.2005, intimated the petitioner that PCDA (Pensions), Allahabad has rejected her request, as she is not eligible to receive family pension as per GID (20) under Rule 54 of CCS Pension Rules, 1972. The petitioner has further submitted that the grant of family pension was denied on the basis of wrong interpretation of provision of GID (17) of CCS Pension Rules, 1972. The petitioner has further contended that by letter dated 23.06.2005, the Government of India, Ministry of Railways, has clarified that the dependents -parents of the Government servant, whose spouse has either remarried or died, leaving behind no eligible child for grant of family pension, are eligible for family pension and therefore, in the light of the above clarification, she is entitled to the Family Pension.

(3.) THE respondents have further submitted that as per the Service Records, Smt.E.Latha, wife of EX -GS176456H (Late) K.Bhaskar has been nominated as next kin/legal heir to receive all terminal benefits of the deceased. Therefore, as per the declaration of the employee, all the benefits were paid to the daughter -in -law, for which, there is no need to give information to the parents of the deceased Government employee. The family pension is applicable to mother only when the deceased employee had left behind him, neither a widow nor a child. The respondents have further submitted that family pension papers were examined in the light of GID Department of P.&P.W, O.M.NO.F.45/86,97 -P and P.W.(A) Part -I, dated 27.10.1997, Para 7.2 reproduced in Government of India's decisions below Rule 54 of CCS (Pension) Rules, 1972 and returned by the Controller of Defence Accounts (Pensions) Allahabad, stating that the mother of the deceased is not entitled for family pension.