KAMLA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is the widow of one late Shri Ishwar Singh, who was enrolled in the Army, Armoured Corps on 8th March, 1967. He was invalidated out of service due to chronic duodenal ulcer. He was granted the disability pension from 1.6.1969 to 27.10.1986. After the boarded out from the Army, the petitioner was re -employed in H.P. State Electricity Board. He died on 4th November, 1995 while in service.

(2.) The petitioner applied to the Army for family pension, which was denied to her vide letter dated 7th February, 1991 (Annexure P -7) on the ground that she was already in receipt of family pension from H.P. State Electricity Board, where her late husband was employed. Thereafter, she gave legal notice on 14th February, 1992 (Annexure P -10) to the respondents. The respondents sent their reply on 14th July, 1992. Para 2 of the reply states: - "The case has been examined in consultation with the legal authorities concerned, who have opined that: - As per Regulation 222 of PRA Pt I (1961), as amended, a widow is eligible for two pensions, i.e. Special Family Pension and Ordinary Family Pension provided both pensions are not in respect of the same person. Hence widow is not eligible for two pensions under the said rule. She is already, in respect of Family Pension from civil side. The legal, notice submitted by the widow lacks substance and is advised to be ignored. The case may be defended, if filed."

(3.) After hearing learned Counsel for the parties and going through the record, this Court finds that Para 222 of Pension Regulations for the Army Part I provide for grant of family pension to an individual in receipt of another pension from Government or in Government employment. It is: - "222. (a) Family Pension will not normally be granted if and for so long as an individual is in Government employment or is in receipt of another pension from Government. If, however, the pay of the appointment or the pension is less favorable than the family pension admissible under these regulations, the following provisions shall apply: - (i) Where the individual is in Government employment. -Half the family pension normally admissible; shall be paid. Fully family pension shall be payable on termination of appointment subject to clause (c). (ii) Where the individual is in receipt of a pension under the Armed Forces regulations. - It shall be held in abeyance for a long as family pension is payable. The amount, if any, paid on account of the lesser pension, from the date from which the grant of family pension takes effect shall be adjusted accordingly. (iii) Where the individual is in receipt of. a pension under the civil rules. - The amount of family pension admissible under these Regulations shall be abated by the amount of such pension. (b) Where, however, the pecuniary circumstances of a claimant in receipt of another pension are such that the operation of clause (a) is likely to cause genuine distress, the case shall be submitted for the orders of the Government; (c) The provisions of this Regulation shall, also be applicable when the recipient of a family pension is, subsequently, employed under Government or granted another pension from Government."