JUHI DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) Mr. A.K. Sharma, learned counsel for the petitioner and Mr. B.N.Gupta, learned Central Government Counsel representing the Union of India and its functionaries are present.

(2.) The petitioner is the widow of Late Hriday Kumar (deceased constable) No.881615597 who expired on 13.10,1990 while posted under the 18th Battalion, Border Security Force at Faziika, District Firozpur, Punjab. The widow subsequently remarried the younger brother of the deceased constable, namely, Binay Kumar Sharma on 16.7.1994 and whereafter the family pension being drawn by the petitioner was stopped in the light of the provisions contained in the Family Pension Scheme, 1964 provided under rule 54 of the Central Civil Services (Pension) Rules, 1972 (hereinafter referred to as the 'rule'), giving rise to the present proceedings.

(3.) Rule 54 (6) of the Central Civil Services (Pension) Rules, 1972 provides inter alia that the family pension would be admissible to the widow until her death or remarriage whichever is earlier. The relevant provisions extends family pension to the claimants in the following manner: