NAMRATA PANDIT Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) This petition has been filed by Namrata Pandit challenging discontinuance of family pension with entitlement coming from her late husband Constable Surya Prakash. Surya Prakash was enrolled in BSF in 2001. At the time of enrolment, his family consisted of his father, mother, two sisters and a brother, namely, Harish Kumar. Late Surya Prakash was granted 60 days Earned Leave w.e.f. 27th June, 2005 to 25th August, 2005. During this period, his marriage was solemnized with the petitioner on 10th July, 2005. Sadly, on 12th July, 2005, while returning after answering nature's call in the morning in his native village, he accidentally slipped into a Well and died due to head injury.

(2.) On information of death received by the BSF, the financial benefits admissible to Surya Prakash alongwith family pension under the Rules of 1972 was granted including sums mentioned in the written statement filed by the respondents.

(3.) On 24th August, 2005, the petitioner remarried the younger brother of the deceased, Harish Kumar. On getting information about the re-marriage, the pension was discontinued from December, 2015 onwards by the respondent BSF under Rule 54 (6) (i) of the Rules of 1972. The petitioner had received Ordinary Family Pension upto 10 years as per Rule 54(6)(i) of the Rules of 1972 as the husband of the petitioner died due to an accident while he was on earned leave. There is an embargo in the said rule which entitles widow to family pension, but in case of widow or widower, upto the date of death or re-marriage, whichever is earlier.