ISHWANTI DEVI Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The petitioner, mother of late Kuldeep Singh, has invoked the jurisdiction of this Court claiming extra ordinary family pension on account of the death of her son Kuldeep Singh in firing accident when he was posted in Baramulla area in Jammu & Kashmir.

(2.) Kuldeep Singh, son of the petitioner, was enrolled in the Central Reserve Police Force (hereinafter to be referred as "CRPF") on 20.02.2003. He was posted with the unit in disturbed area of Jammu and Kashmir. He suffered bullet injuries in the firing incident and he died on 27.11.2004. He left behind his mother, the present petitioner, and father Raj Pal Singh including his younger brother. The petitioner sought financial assistance through Zila Sainik Board, Jhajjar on 14.12.2004. On 22.02.2005, the documents for the grant of extra ordinary family pension were got completed. It is asserted in the petition that husband of the petitioner is getting service pension for the duty performed by him in the army and except to this he is not getting any other kind of pension from any other authorities and he has no objection in granting the family pension to the petitioner. However, the claim of the petitioner for pension has been declined by the reason that the husband of the petitioner has been getting service pension from the army authorities. The petitioner relies upon The Central Civil Services (Extraordinary Pension) Rules, 1939 (hereinafter to be referred as "Extraordinary Pension Rules"). As per said Rules, the mother is entitled for the family pension and that there is no stipulation of any income of the father as a factor to decline the grant of extraordinary family pension. Therefore, the petitioner claims extraordinary family pension on account of death of her son.

(3.) In reply, it is admitted that son of the petitioner died on 27.11.2004 due to serious bullet injuries during firing incident at Baramulla. The opinion of the Court of Inquiry is to the effect that he was on bonafide government duty/service and that the death of petitioner's son falls in category "C" under the provisions laid down in Govt. of India, Ministry of Personnel. Public Grievances and Pension Memorandum dated 03.02.2000. It is also pointed out that Kuldeep Singh died as a bachelor leaving behind his father aged 46 years, mother aged 41 years and younger brother aged 15 years. It is also averred that the proposal for authorization of Extraordinary Dependent Family Pension at the rate of Rs. 1913/- per month w.e.f. 28.11.2004 was sent to DIGP, CRPF Chandigarh along with all relevant documents. The recommendations were returned on 07.04.2005, Annexure R-1, with the remarks that Shri Rajpal Singh father of the deceased, is an ex-army pensioner and also landlord, therefore, parents of the deceased are not entitled to extraordinary family pension. It was intimated that if income of both the parents including pension and income earning from farming is less than Rs. 2550/- per month, then they would be entitled for subject pension otherwise only death gratuity is to be paid in favour of nominated family member. It is alleged that monthly income of both parents exceeded to Rs. 2550/- per month, therefore, extraordinary dependent family pension is not payable to the petitioner.