MERINA RHI Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant Writ petition has been filed by the petitioner praying for grant of family pension in respect of her deceased husband. The case of the petitioner is that her late husband was enrolled in Assam Rifle on 29/11/2003 and passed away on 14/5/2019, when he was still in service. Her late husband had rendered service for more than 15 years. It is stated that in the year 2015 her late husband was declared mentally unstable and was treated at the Sukhovi Assam Rifles Hospital, Dimapur, Nagaland from 13/8/2015 to 17/2/2018. In view of his health condition, the petitioner's late husband was again granted leave from 13/11/2018 to 31/12/2018. Subsequently his leave was further extended with effect from 16/1/2019 to 14/2/2019. When the petitioner's husband returned home on leave he told the petitioner that he was made to sign on some papers for voluntary retirement.

(2.) The petitioner being apprehensive submitted representation on behalf of her husband dtd. 18/1/2019 and 25/1/2019 requesting the authorities to cancel/revoke the voluntary retirement application that might have been submitted by her late husband. While the said representation was yet to be disposed of, the petitioner's husband expired on 14/5/2019 leaving behind two minor children of 6 years and 2 years.

(3.) After the death of the petitioner's late husband she submitted two representations dtd. 27/9/2019 and 8/4/2021, praying for grant of family pension in respect of her deceased husband. The respondent authorities however, failed to take any action in response to her representation and as such the petitioner filed WP(C)/164(K)/2022 with a prayer seeking a direction to the authorities to dispose of the pending representation for family pension. By the impugned letter dtd. 8/5/2023, the representation of the petitioner was rejected and family pension was denied. In view of this development, this Court vide order dtd. 3/7/2023 closed and disposed of WP(C)/164(K)/2022.