Bimla Devi v. Government of India through Secrery, Ministry of Defence, & Ors.
Case brief
What is this about?
Delhi High Court writ (Article 226) by widow Bimla Devi for release of family pension of her deceased husband; Army records showed Respondent No.8 (earlier minor marriage, customary divorce through Panchayat, remarried 1967) as nominee, who disclaimed any claim; Court held nominee is only a trustee and cannot claim exclusive rights once rights are given up; petition allowed with direction to release arrears and continue family pension per applicable Rules within four weeks; petition and pending CM application disposed of; Succession Certificate petition earlier withdrawn; no precedent cases cited; no monetary quantum stated.
What did the court decide?
Direction to the Respondents to release the arrears of family pension in favour of the Petitioner and to continue payment of family pension to her in accordance with the applicable Rules, to be completed within four weeks.