In relief to widow of a CRPF constable who had remarried, the Apex Court has asked the authorities to restore the family pension to her, which was stopped pursuant to the High Court order in a Writ petition in which she was not a party.
The Rajasthan High Court, on a writ petition by mother of the deceased constable had ordered discontinuation of pension on the ground that widow had remarried. Apparently, such an order was passed by High Court without the widow being impleaded as a party to the Writ petition. The High Court had also directed recovery of pension paid to her. The widow filed appeal before Supreme Court
The Apex Court bench comprising of Justices Prafulla C. Pant and D.Y. Chandrachud observed that Rule 54 of the Family Pension Rules, 1964 provides that the childless widow of the deceased Government employee shall continue to be paid family pension even after her remarriage,subject to the condition that the family pension shall cease once her independent income from all other sources becomes equal to or higher than the maximum prescribed family pension in the Central Government.
The appellant submitted that her second husband died in 2009 and the Court also noted that the mother of the deceased constable also died in 2012. The Court observed “we are inclined to accept the case of the appellant that she is actually entitled to the family pension and she is wrongly deprived of the same under the directions passed by the High Court in the Writ Petition in which she was not a party.”
The Court ordered “The family pension awarded to the appellant is restored w.e.f. 11th February, 2012 and no recovery shall be made from the appellant in respect of pension already paid to her.“
Read the order here.