RAJNI BALA Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner Rajni Bala is the widow of Subhash Chand, who died in harness on 14.5.1980 while working as Technician Grade-III in Northern Railway workshop, leaving behind the petitioner and his minor son Kamal Kishore. In terms of Railway Services (Pension) Rules, 1993, the petitioner was sanctioned pension and other dues. She married the brother of the deceased on 19.6.1981 and made a request to the department to stop family pension issued in her name and grant it to her minor son born from her 1st husband Subhash Chand. The department acted as per the request made by the petitioner. Kamal Kishore, the minor son of the deceased, who was receiving pension after the petitioner remarried was given compassionate employment w.e.f. 30.7.1997 Thereafter as per the pension Rules, the pension granted to Kamal Kishore was stopped. Referring to Rule 13 and 14 of the Railway Services (Extraordinary Pension) Rules, 1993, the petitioner, who re-married deceased husband's brother, made a claim for family pension. The Tribunal chose to dismiss it on the ground that she was not entitled to pension under the above Rules as pension was originally granted to her at the first instance and thereafter to her own son as per her request till he secured compassionate appointment in the Railways under Rule 75 of the Railway Services (Pension) Rules, 1993.

(2.) The learned counsel appearing for the petitioner vehemently argued referring to Rule 13 and 14 of Railway Services (Extraordinary Pension) Rules, 1993 that the petitioner who has married her deceased husband's brother is entitled to family pension. He also referred to the decision rendered by a coordinate Bench of this Court in Kiran Kumar versus State of Haryana and others, 2004 2 SLR 694, wherein it has been held that the widow of the deceased who has re-married the brother of her deceased husband is entitled to family pension.

(3.) We also heard the submissions made by learned counsel appearing for the contesting respondents.