SEEMA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE brief facts necessary for the adjudication of this petition are that the petitioners husband late Shri Balbir Singh was enrolled in the Army on 31st March, 1998. He was posted to 20 JAK Rifles on 27th April, 1999. He was serving with 28 RR Battalion with effect from 25th November, 2001. He died on 9th August, 2003. The petitioner was sanctioned family pension on 28th June, 2004, but she was informed vide communication dated 15.2.2005 that she was not entitled to family pension after her re -marriage on 1st November, 2004.

(2.) THE case set out by the petitioner is that she is entitled to Liberalized Family Pension as notified on 30th April, 2003 and contained in guide to service personnel, ex -servicemen, widows and defendant son benefits and concessions provided by Central Government and State Government. The case of the respondents set out in the reply is that since the petitioners husband had committed suicide on 9th August, 2003, the petitioner cannot be granted liberalized family pension.

(3.) MR . Sandeep Sharma, Assistant Solicitor General of India had supported the findings recorded by the Court of inquiry, which subsequently were agreed to by the Commander. Mr. Sharma further contended that since the petitioners husband had committed suicide on 9th August, 2003, the instructions issued with regard to the liberalized family pension are not attracted and the decision of the competent authority to discontinue the family pension as communicated on 15th February, 2005 is in accordance with law.