PRANITA BARMAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioners, who claim to be the daughter and son respectively of Hav. C. K. Barman (since deceased) seek the intervention of this Court in exercise of its writ jurisdiction under Article 226 of the Constitution of India for an appropriate writ and/or direction to the respondents to grant them family pension in terms of Rule 54 of the Central Civil Service (Pension) Rules, 1972 (hereafter referred to as the 'rules' ).

(2.) I have heard Mr. K. K. Mahanta, Senior Advocate assisted by Mr. R. Islam, Advocate for the petitioners and Ms. B. Das, learned Central Govt. Standing Counsel for the respondents.

(3.) THE respondents in their counter while admitting the facts pertaining to disentitlement of the mother and the other sisters of the petitioners have questioned the tenability of their claim for family pension on the following counts -