This single-judge court disposed of this writ petition for family pension without merits. It directed the respondent to pass a final order in accordance with applicable rules within two months.
Direction to respondent no. 2 to pass final order on family pension claim within two months.
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Court No. - 6 Case :- WRIT - A No. - 8012 of 2021 Petitioner :- Anita Yadav (Devi) Respondent :- Union Of India And 5 Others Counsel for Petitioner :- Narendra Srivastava Counsel for Respondent :- A.S.G.I.,C.S.C.
Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the petitioner and Aradhya Chauhan, learned counsel appearing on behalf of respondents no. 1 to 4.
The present writ petition has been filed by the petitioner alleging that the petitioner is the first wife of late Constable Vinod Kumar, who was employed in 26 Battalion in BSF and unfortunately died in service.
It is claimed that an enquiry was conducted with regard to claim of the petitioner vis-a-vis the claim of one Rupa Haldhar, who was the second wife of late Vinod Kumar and she was nominee in the service record. In the enquiry report dated 18.5.2021, it was recorded that the petitioner is the first wife and in terms of the CCS (Pension) Rules the first wife is entitled to confine family pension. It is argued that the matter with regard to of family pension and post retiral dues is pending consideration before the respondent no. 2.
Without going into the merits of the claim of the petitioner or the respondent no. 6 herein at this stage, the present writ petition is disposed off with a direction upon the respondent no. 2 to pass final order in accordance with the Rules applicable, as expeditiously as possible, preferably within a period of two months from the date of filing a copy of this order before the respondent no. 2.
The writ petition stands disposed off in terms of the said direction.
Copy of the order downloaded from the official website of this Court shall be treated as certified copy of this order.
Order Date :- 29.7.2021/Puspendra
1 issue framed by the court
Whether to direct the respondent to dispose of the pending family pension claim expediently.
Anita Yadav (Devi)
Union Of India
Pankaj Bhatia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
