RABILATA RAJBONGSHI Vs. UNION OF INDIA

JUDGEMENT

(1.) An order dtd. 5/12/2015 passed by the BSF authorities whereby the claim for family pension of the petitioner has been rejected is the subject matter of challenge in this writ petition.

(2.) Bereft of details, the facts projected by the petitioner is that her husband Sasadhar Rajbongshi was appointed as a constable in the BSF on 13/6/1960. While in service, vide an order dtd. 1/8/1969, the husband of the petitioner was discharged from service on medical grounds. Upon such discharge, the husband was getting invalid pension throughout his lifetime. However on the death of the husband on 13/9/2006, the petitioner has not been given the family pension. The petitioner had filed representation before the authorities and the same was followed by filing of a writ petition being WP(C)/4001/2014 which was disposed of by this Court vide an order dtd. 22/8/2014 to consider the case of the petitioner. Pursuant to the said direction, the impugned order has been passed on 5/12/2015 whereby the claim of the petitioner for family pension was rejected. It has been stated in the order that such claim was not admissible as per the Central Civil Services (Pension) Rules (hereinafter called the Rules).

(3.) I have heard Shri K.R. Patgiri, learned counsel for the petitioner. I have also heard Ms. R. Devi, learned C.G.C., representing the BSF authorities. Shri B. Chakraborty, learned Standing Counsel, Accountant General is also present.