KANGNU Vs. UNION OF INDIA

JUDGEMENT

(1.) The mother of the deceased M.Suanliankap, who was working as Sepoy in Assam Regiment, has come forward with this writ petition calling upon the respondents to include in her name as nominee in the Payment Pension Order dated 10.11.1998 and also seeks direction on the respondents 1 to 5 to pay the arrear pension amount already paid to respondent No.6.

(2.) The case of the petitioner is that her son was serving as Sepoy in the Assam Regiment and he had joined a Scheme known as Extended Army Group Insurance for a sum of Rs.1,00,000/- on payment of one time non-refundable premium of Rs.3,500/-. In the said Scheme, the petitioner was shown as nominee. According to the petitioner, her son was given retirement from service and was allowed to get a monthly pension under Pension Payment Order dated 10.11.1998 and in the column for nominee was kept blank. Her son died on 21.9.2012 due to illness. After the death of her son, the petitioner submitted an application to the Principal, Controller of Defence Accounts (Pension), Allahabad seeking family pension to her as a successor and heir of the deceased.

(3.) While the application of the petitioner was under process, respondent No.6 submitted an application to the Records office, Records, Assam Regiment claiming to be the wife of the deceased Suanliankap. The senior Record officer kept the application of the petitioner pending and no further information on the progress of her application was given to her by the said authority. Thereafter, the petitioner instituted a Suit in Mat.(Declaratory) Suit No.34 of 2016 before the learned Family Court, Churachandpur, Manipur against respondent No.6. Despite service of summons, respondent No.6 did not turn up and by the judgment dated 21.2.2017, the learned Family Court has given verdict that Suanliankap died on 21.9.2012 unmarried and was a bachelor. Pursuant to the decree granted in the said suit, the petitioner sent notice to the official respondents for taking necessary action for payment of family pension to her. Thereafter, payment of family pension to the petitioner.