RAJINDER KAUR BAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Smt. Rajinder Kaur Bal and others through present petition filed by them under Article 226 of the Constitution of India, seek a writ in the nature of mandamus so as to direct the respondents to pay arrears of pension of deceased Devinder Singh Bal from November, 1982 to April 12, 1984, the date on which Devinder Singh Bal died, as revised from time to time as also family pension as may be admissible thereafter. The relief, as indicated above, was denied to petitioners on the sole ground that Devinder Singh Bal, who was in Army, had married petitioner No. 1 after his discharge from Army. The order declining the family pension was supported from Rule 54(14)(b) of the Central Civil Services Pension Rules, 1972.

(2.) I need not go into the merits of the matter as the controversy involved in this writ is squarely covered in favour of the petitioners by a judgment of Supreme Court in Bhagwanti vs. Union of India and others, 1989 AIR(SC) 2088 wherein the rule, insofar as it denies family pension to a widow, has been struck down.

(3.) In view of the judgment of the apex Court at noticed above, this petition is allowed and a direction is issued to the respondents to pay the petitioners arrears of pension of deceased Devinder Singh Bal from November 1982 to April 12, 1984 the date on which he died. Respondents are further directed to consider the case of petitioners for family pension as per rules. No order as to costs.