SHIVTAR KAUR Vs. UNION OF INDIA AND ANOTHER

JUDGEMENT

(1.) The petitioner has invoked the jurisdiction of this Court praying for the issuance of an appropriate writ specially in the nature of Certiorari to quash order dated 11.12.2009 vide which the claim of the petitioner for grant of arrears of pension of revised Sainik Samman Pension Scheme as revised by Government from time to time as per Annexures P-8 to P-17 placed on record has been rejected.

(2.) It has been stated in the impugned order that the benefit of the revised pension of Sainik Samman Pension Scheme cannot be made admissible to the petitioner's husband because her husband was only entitled to grant of special pension for the service as 'Army personnel who revolted against British rule'. Husband of the petitioner had earlier approached this Court by way of CWP no. 2766 of 2004 which was dealt alongwith another writ petition of the like nature and while disposing of the case of the petitioner's husband, this Court has observed as follows:-

(3.) Subsequent thereto since the benefit of Sainik Samman Pension Scheme was not being made available to the husband of the petitioner, a contempt petition was preferred in which the respondents categorically stated that the order of the writ Court stood complied with and that a decision has been taken to grant Sainik Samman Pension Scheme to the petitioner's husband vide order dated 4.12.2009 subject to his completing other formalities which are required. The petitioner contends that subsequent to the decision dated 4.12.2009 the benefits have been made available to her as per Sainik Samman Pension Scheme but the benefit of revision which took place from time to time in accordance with Annexures P-8 to P-17 have not been granted to her.