SATPAL KAUR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was marred to CFN Darshan Singh, who while serving the Indian Army died on 5.8.1985. After his death, the respondents started disbursing ordinary family pension to the petitioner. The pension, which was given with effect from 6.8.1985, continued till 2.1.1986, when the same was stopped, apparently, on account of the petitioner have remarried. The petitioner seeks to assail the view taken by the respondents on the ground that as she had married the younger brother of her deceased husband, her case would fall within the exception provided in Regulation 219 of the Pension Regulations for the Army, 1961 (hereinafter referred to as "1961 the Regulations").

(2.) In the written statement filed by the respondents, the maintainability of the writ petition was challenged on the ground that the order of the Chief Controller of Defence Accounts (Pensions) is appealable before the Secretary, Ministry of Defence. It is also submitted that the claim of the petitioner was rejected on 9.12.1986 and the present writ petition, which was filed on 15.9.1999 is highly belated. On merits, it was submitted that the widow's entitlement to draw ordinary family pension stood on a different footing from her entitlement to receive special family pension and as the provisions of Regulation 219 of the 1961 Regulations would be applicable only to the special family pension, therefore, no fault could be found with the order Annexure R-2 passed by the Controller of Defence Accounts (Pensions), Allahabad stopping the payment of family pension to the petitioner.

(3.) I have heard Shri Ajay Pal Singh, on behalf of the petitioner and Shri M.S. Guglani, Additional Central Government Standing Counsel, on behalf of the respondents.