SWARAN KAUR Vs. UNION OF INDIA

JUDGEMENT

(1.) Smt. Swaran Kaur widow of late Shri Naranjan Singh has filed the present writ petition under Articles 226 and 227 of the Constitution of India for issuance of suitable directions in the shape of writ to the respondents and has prayed that she be given family pension.

(2.) The case set up by the petitioner is that her son Veer Singh joined the Border Security Force as Constable in the year 1988 and his number was 880054018. He expired on 17.12.1995. Her husband has also expired. Veer Singh was bachelor and she being the mother and class-I heir of the deceased is entitled to the family pension of her son. Her husband during his life-time made an application to the Commandant, 95 Battalion BSF for the release of family pension to the parents of the deceased, but to no effect. Hence this writ petition.

(3.) Notice of the writ petition was given to the respondents. They filed the reply and denied the allegations. The claim of the petitioner was contested the plea that parents do not fall within the definition of "family" and, therefore, the petitioner is not entitled to the family pension of her son.