LAWS(APH)-2014-9-141

C. RUKMINI DEVI Vs. THE GOVERNMENT OF INDIA

Decided On September 24, 2014
C. Rukmini Devi Appellant
V/S
The Government of India Respondents

JUDGEMENT

(1.) HUSBAND of the petitioner Sri Narsi Reddy was freedom fighter and pension was sanctioned to him under 'Swatantra Sainik Sanman Pension Scheme, 1980 (for short the scheme) vide proceedings No. 112/119/88 -Ff/Hyd.Cell dated 22.4.1991. After death of Sri Narsi Reddy, family pension was granted to his wife Smt. Sumitra Devi in accordance with the scheme. Smt. Sumitra Devi died on 22.5.2012 and after her death, petitioner applied for grant of family pension claiming herself as first wife of late Narsi Reddy. Since there was no response to the representation submitted by the petitioner, this writ petition is instituted praying for direction to respondents to grant family pension under the scheme.

(2.) HEARD learned counsel for petitioner Sri Sangam Srinivas Reddy, learned counsel for first respondent Smt. S. Nanda and learned Government Pleader for Revenue (Telangana) for respondents 2 and 3.

(3.) SMT . S. Nanda, learned counsel appearing for first respondent submits that in the form submitted by late Narsi Reddy, he has only referred to Smt. Sumitra Devi as his wife and entitled to receive family pension and no -where in the records furnished by the pensioner, name of the petitioner is reflected. She further contends that during the life time of Sri Narsi Reddy or after his death when family pension was granted to Smt. Sumitra Devi, petitioner has not raised an objection for grant of family pension nor claimed for equitable distribution of pension with Smt. Sumitra Devi, as envisaged in the scheme. It is only an after -thought invention after the death of the pensioner and Smt. Sumitra Devi and same is not valid.