BIMLA KUMARI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE husband of the petitioner was working with the Border Security Force, He died. The widow is claiming pensionary benefits.

(2.) THE respondents have filed objections It is stated that .the late husband of the petitioner had signed nomination form In this nomination form he had nominated his mother as the person who was to receive service benefits It is further submitted that the service benefits were released in favour of the mother before the issuance of succession certificate. The succession certificate is said to have been issued on 28th Sept, 1996, It is on account of the nomination form having been filed by the husband of the petitioner, the respondents submit that pensionary benefits were released in favour of the mother. At the same time it is admitted that the petitioner had approached the respondents even before 28th Sept., 1996, this is evident from the stand taken in para 4 of the objections. This para reads as under: - Contents of para -4 area also admitted. It is further submitted that the replying respondents through letter dated 26.12.1995 sent to the petitioner the approximate amount which was entitled to the deceased so that she may obtain Succession certificate from the competent court of law. It is further submitted that on receipt, family pension case was taken up with the Pay and Accounts Division BSF New Delhi and after that family pension in favour of petitioner Rs. 510/ - per month with admissible DA was sanctioned w.e.f. 10.09.1995 alongwith other benefits."

(3.) THUS the respondents were aware of the fact that the petitioner is also an heir to the estate of her husband.