Delhi High Court
Lakshmi Devi And Anr vs Directorate General, Central ... on 31 May, 2017
$~09
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4942/2017
Date of decision: 31st May, 2017
LAKSHMI DEVI AND ANR ..... Petitioner
Through Mr. Bankey Bihari, Advocate.
versus
DIRECTORATE GENERAL, CENTRAL RESERVE POLICE
(CRPF) & ORS ..... Respondent
Through Mr. Akshay Makhija, Advocate with
Mr. S.S.Sejwal, Law Officer, CRPF.
CORAM:
HON'BLE MR. JUSTICE SANJIV KHANNA
HON'BLE MS. JUSTICE PRATHIBA M. SINGH
SANJIV KHANNA, J. (ORAL)
This writ petition was listed yesterday and was posted for
hearing today as a short issue arises for consideration.
2. The petitioners herein are parents of late Constable Bheem
Singh, who had laid down his life on 5th September, 2014, while
undertaking a rescue operation at Anantnag, Jammu and Kashmir. As
per the certificate issued by the office of the Commandant, Central
Reserve Police Force, late Constable Bheem Singh has been
designated as a "Shaheed".
3. At the time of death, Bheem Singh had left behind a widow,
who has re-married and has a child as per the averments made in the
petition.
4. The petitioners herein have pleaded and stated that they were
wholly dependent upon their son Bheem Singh. They have prayed for
grant of family pension.
5. Letters and representations made by the petitioners have not
been replied and answered.
6. During the course of hearing, we have noticed judgment of the
Supreme Court in M. Jameela Beevi Vs. S. Balagopala Pillai, (1997)
11 SCC 462, which is a case relating to Kerala Service Rules having
identical provisions. Our attention is also drawn to Government of
India's decision quoted in Swamy's Compilation of Central Civil
Services Extraordinary Pension Rules, (incorporating orders received
up to September, 2011, at page 9), which reads as under:-
"In case where the widow dies or remarries, the
children shall be paid family pension at the rates
mentioned at (a) or (b) above, as applicable, and the same
rate shall also apply to fatherless/motherless children. In
both cases, family pension shall be paid to children for
the period during which they would have been eligible
for family pension under the CCS (Pension) Rules.
Dependent parents/brothers/sisters, etc. shall be paid
family pension one-half the rate applicable to
widows/fatherless or motherless children."
7. There is also a provision for relaxation under Rule 88 of the
Central Civil Services (Pension) Rules, 1972.
8. The present writ petition will be treated as a representation
made by the petitioners, which will be examined by the authorities
keeping in view of the aforesaid judgment, Government of India's
decision and provision for relaxation and a speaking and reasoned
order would be passed within six weeks from the date a copy of this
order is received. We hope and trust that the authorities would take
into consideration all the relevant facts and would pass a just and fair
order. We may note that as per the case made out by the petitioners,
the widow of Bheem Singh is no longer entitled to family pension.
9. The writ petition is disposed of. In case the petitioners are still
aggrieved, it will be open to them to file an appropriate petition in
accordance with law.
SANJIV KHANNA, J.
PRATHIBA M. SINGH, J.
MAY 31, 2017
NA
