SHARDA DEVI Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) This petition has been filed praying for quashing the impugned order dated 04.01.2013 (Annexure P-4) passed by the Director General, Central Reserve Police Force - respondent No.2, whereby the claim of the petitioner for extra-ordinary pension on account of the death of her husband, has been declined.

(2.) Rohtash Singh, husband of the petitioner had joined the Central Reserve Police Force on 30.8.1980. He was promoted to the post of head Constable/G.D. and posted in 55 Bn. Central Reserve Police Force, West Tripura. Vide order dated 17.8.2001, he was transferred to C.T.E. III, CRPF Mudhkhed (Nanded) in Maharashtra. He departed on 18.8.2001 to join the duty at Mudhkhed (Annexure P-1). It is pleaded in the petition that at that time, he was having cerebral malaria which was common in Tripura due to which he expired on 27.8.2001 at Taneja Hospital, Gurgaon. The respondent authorities were immediately informed through wireless message on 28.8.2001 (Annexure P-2). After the death of Rohtash Singh, his transfer orders were cancelled vide order dated 24.9.2001 and he was taken back in 55 Bn. vide order dated 24.9.2001 because he had not joined the transferee place and died in the way as 15 days joining time was allowed to him as per Rules. The petitioner, who is widow of the deceased, was granted family pension.

(3.) The claim of the petitioner in the petition is that she is entitled to Extraordinary Family Pension, which is also known as Special Family Pension, for which she made various representations to the respondent authorities. Lastly, she sent a legal notice dated 9.7.2012 (Annexure P-3), which has been replied by respondent No.2 vide letter dated 4.1.2013 (Annexure P-4) informing that the husband of the petitioner died due to fever at his home for which, ordinary Family Pension under Rule 54 of Central Civil Services (Pension) Rules, 1964 is being granted.