BHANWAR KANWAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is mother of Late Shri Bhagwan Singh, who died on 25.10.1995 while serving the respondents as Sipahi/GD. Respondent Tej Kanwar, being widow of Late Shri Bhagat Singh, was employed with Central Reserve Police force as Assistant Sub-Inspector (M) on compassionate ground under an order dated 10.10.1999 and was posted at "GC", CRPF, Neemach (M.P.). On 29.8.2005 Smt. Tej Kanwar remarried with Shri Jai Dev Singh son of Shri Aaidan Singh. Suffice to mention here that respondent Smt. Tej Kanwar in addition to compassionate employment was also receiving family pension that came to be stopped on her remarriage. The grievance of the petitioner is that she is an old lady of 67 years and is having no means to support herself. Respondent Smt. Tej Kanwar after her remarriage is also not taking her care and is not giving necessary support. A direction, thus, is claimed by the petitioner for grant of family pension to her or in alternative any other appropriate relief that this Court deem appropriate.

(2.) A reply to the writ petition has been filed on behalf of the respondents No. 1 to 3 stating therein that the family pension given to Smt. Tej Kanwar (respondent No. 4) was seized from the date of her remarriage, however, in view of the provisions of Rule 54 of the Central Civil Service (Pension) rules, 1972 (hereinafter referred to as to "the Rules of 1972"), the petitioner is not entitled to receive the same. No reply to the writ petition has been filed on behalf of the respondent No. 4, however, on her behalf it is asserted by Dr. Pushpendra Singh Bhati, learned counsel, that the family pension can be given by the respondent government respondents and if i.e. allowed, her client is having no objection.

(3.) Heard counsel for the parties.