SOMWATI Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) Present writ petition is directed against the order dated 25.05.2011 (Annexure P-2) as well as the order dated 15.12.2011 (Annexure P-4) passed by respondent authorities, whereby petitioner was denied the benefit of special family pension, on account of death of her late son, Rajesh Kumar.

(2.) Notice of motion was issued and pursuant thereto written statement was filed on behalf of the respondents. Petitioner filed her replication.

(3.) Learned counsel for the petitioner, while placing reliance on Rule 54 of the CCS Pension Rules, 1972 (Rules of 1972 for short), submits that Smt.Amita Devi w/o late Rajesh Kumar has already remarried with one, Arvind on 03.03.2009 and she has given an undertaking, to the effect that she has no objection in case the special family pension is granted in favour of the petitioner. He further submits that the entitlement of the petitioner was hardly in dispute. However, since the respondent authorities misdirected themselves while not appreciating this crucial aspect of the matter, while passing the impuged order, the same was not sustainable in law. He prays for setting aside the impugned order, by allowing the present writ petition.