In Smt. Sukhjeet Kaur v/s Union of India and others, the Court revisited the extraordinary pension rules under Rule 21-A CCS. The order was delivered on 12th January, 2023 by Honourable Mr. Justice M.S. Ramachandra Rao and Honourable Mrs. Justice Sukhvinder Kaur.
FACTS OF THE CASE:
A writ petition was filed by the petitioner challenging the Central Administrative Tribunal, Chandigarh’s decision of rejecting family pension to the petitioner. The petitioner’ slate husband, Sh. Mohinder Singh was enrolled in the Indian Air Force. On medical grounds, he was granted a disability pension for life. He later joined the Air Force Services as a Civilian employee. Thereafter, the petitioner married him in the year of 1974 and a child was conceived in the year 1975. The same year, Sh. Mohinder Singh passed away while in service. The petitioner remarried the younger brother in June 1975. On account of this knowledge, the respondents impugned the pension money. The reason given was the petitioner’s re-marriage. The petitioner challenged this before the Armed Forces Tribunal, Chandigarh and the Central Administrative Tribunal, Chandigarh. Then, through a writ petition, the learned counsel for the petitioner contended that under Rule 12_A CCS, the petitioner was eligible for the pension even after remarriage while continuing to live with and contributing to support of other dependents of the deceased.
JUDGEMENT:
The dividing bench held that “Rule 12-A of the CCS (Extraordinary Pension) Rules specifically permits a widow of an employee who remarries deceased husband’s brother and continues to live communal life and contributes to the support of other family dependents of the deceased to get extraordinary pension like Regulation 219 of the Army Pension Regulations, 1961.” The court held that the petitioner was entitled to the pension inspire of her marriage to the younger brother of the deceased. It was also of the view that the pension is justified although the circumstances of death were not attributable to government services. The court referred to the judgement delivered in Smt. Kashmiro Devi v/s Union of India and others,2008 (5) SLR 335 (DB). Thereby, the Court ruled that the petitioner was entitled to the money under Rule 12-A and passed an order to restore the pension from 3 years prior (year 2011) at an interest of 6% till the date of payment.
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JUDGEMENT REVIEWED BY ARYA THAKUR
