ANITA Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard the learned counsel for the parties. Shri N. S. Deshpande, learned Deputy Solicitor of India waives notice of the respondents.

(2.) One Sharad Ganvir was working with the respondents as Tech-II. He died in harness on 20/03/2015 leaving behind the petitioner, his widow. It transpired that the said Sharad Ganvir was married to one Maya and his subsequent marriage in 2003 with the petitioner was not objected to by her. After the death of Sharad Ganvir, the petitioner sought release of pensionary benefits as well as relief of appointment to her son on compassionate ground. It is informed that insofar as appointment to her son on compassionate ground is concerned, that relief has been granted. Since the petitioner was not granted pensionary benefits, she had approached the Central Administrative Tribunal in Original Application No.646/2021. By the order dtd. 21/03/2022 the said application insofar as the present petitioner is concerned has been withdrawn with liberty to approach the Authority for family pension. Subsequently the petitioner sought review of that order. The review application however was dismissed on 12/12/2022 on the ground that there was no error apparent on the face of record. In the aforesaid backdrop the petitioner has prayed for grant of family pension.

(3.) The learned counsel for the petitioner by inviting attention to the review application submitted that in the light of the decision of the Honourable Supreme Court in Dhannulal and ors. vs. Ganeshram and anr. (2015) 12 SCC 301 as well as judgment of the Madras High Court in C. Sarojini Devi vs. The Director of Local Funds Audit (Laws Mad 2020-1-156) the petitioner as second wife would be entitled to pensionary benefits. He therefore submits that the petitioner would approach the respondent Nos.2 and 3 seeking release of family pension.