MAQBAL DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, a Soldier's widow is aggrieved by the order dated December 21, 1989 by which her claim for family pension was denied. The order assigns two reasons. Firstly, it has been observed that Pension cannot be granted to you because your husband had married you after retirement." Secondly, it has been observed that family pension cannot be granted to you "as your husband has married you as a second wife ....." It has been averred that Sepoy Mandar Singh was married to Malkit Devi on March 16, 1936, who died on June 20, 1943. Thereafter the petitioner was married to Mandar Singh in June, 1951. Mandar Singh was discharged from the Army on March 14, 1946. It has been further averred that the petitioner has two sons and two daughters from her marriage with Mandar Singh.

(2.) In the written statement filed on behalf of the respondents that the petitioner "being the second wife of the deceased and her marriage with No. 5703 Late Sep. Mandar Singh solemnized after the retirement, she is not eligible for ordinary family pension under the provision of Government letter mentioned above and her case has been rejected by this office. However, case of Smt. Maqbal Devi is under consideration with Government for the grant of Ordinary Family Pension."

(3.) A considerable time has elapsed since the filing of this written statement. No action seems to have been taken by the respondents. At least nothing has been placed on record.