SAVITA SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE applicant has filed this Original Application to challenge the order dated 15.11.2011 (Annexure P -1) vide which her request for restoration of the family pension w.e.f. 21.6.1992 has been rejected on the premise that no provision exists for restoring the family pension on dissolution of third marriage and relevant provisions cover cases of 2nd marriage only. Brief note of facts would help the adjudication of the controversy. Sh. Suresh Kumar, S/Mazdoor while serving in the department expired on 5.11.1983, leaving behind Smt. Savita Sharma (applicant herein) and children. She was appointed as a Peon and was also granted Family Pension under Rule 54 of CCS (Pension) Rules, 1972. The applicant got re -married to one Mr. Yash Pal Sharma on 5.6.1989. On account of this re -marriage the family pension of the applicant was stopped. The applicant married 3rd time to Mr. Satish Kumar Sharma on 10.10.1990. However, the 2nd marriage and 3rd marriage were annulled by a decree of divorce on 27.4.1991 and 10.6.1992 respectively.

(2.) THE entire controversy revolves around a note given under Rule 12(2) of the CCS (Extraordinary Pension) Rules, 1972 which is reproduced as under:

(3.) I have heard learned Counsel for the parties and perused the material on the file.