SARASWATI DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) Petitioner claiming herself to be the widow of one late Samir Oraon has prayed for a direction upon the respondents - C.R.P.F authorities to pay death cum retiral benefits of the deceased-husband, who is said to have died in harness on 29.6.2010 in an ambush during naxal operation in Chattisgarh. She has also prayed for consideration of her case for appointment on compassionate grounds and for payment of family pension as well. Petitioner has obtained the succession certificate issued by the court of Principal District Judge, Gumla in Succession Case No. 30 of 2010 by the judgment dated 23.1.2013. The relevant paragraph of the judgment and the operative portion are being quoted herein below:--

(3.) It is contended by learned counsel for the petitioner that despite issuance of the succession certificate declaring that petitioner and the mother of the deceased employee are entitled to half share of the amount of Rs. 25,00,000/-, as shown in the schedule of the plaint, the respondents have not yet disbursed the amount on wholly unsustainable ground. They have also taken a plea on the issue that succession certificate does not clarify as to whether the family pension is payable to the petitioner or not. It is submitted that the question relating to genuiness of the marriage of the petitioner with the deceased has also been raised which is wholly impermissible in law after a clear finding recorded by the learned Court below in the Succession case. Therefore, respondents may be directed to release the admissible amount and also consider the case for compassionate appointment apart from making payments of family pension to her. Reliance has been placed upon Rule 54 of the C.C.S. Pension Rule, 1972, as per which family pension is payable to the family of the deceased.