Himachal Pradesh High Court: A Single Judge Bench comprising of Tarlok Singh Chauhan, J. allowed the family pension to be paid to the parents of a Martyred Armyman after his wife performed the second marriage. The Court based its Judgment on an earlier decision of Kerala High Court.
The petitioners were parents of an Armyman enrolled in Assam Rifles who died in a terrorist encounter. Respondent 5, his wife, was receiving family pension. Subsequently, she performed the second marriage, and according to the petitioners, this disentitled her to the family pension which then ought to have been paid to them. Official respondents cited provisions of CCS Rules, contending that parents are not entitled to a pension in the event of the death of an employee of Paramilitary Forces.
While adjudicating, the Court found that the issue was squarely covered by the decision of Kerala High Court in Panchami v. Union of India,2013 SCC OnLine Ker 24322, wherein the said High Court perused Liberalised Pensionary Awards (LPAs) as framed by the Union as well as notifications/orders issued thereunder, to hold that the family pension is intended to all the dependents of the deceased. Since, on re-marriage of the widow, she may not be able to take care of the parents of the deceased, the parents are entitled to the pension subject to limits mentioned in Section 4(4) of LPAs. In the context of placing reliance on the decision of another High Court, Neon Laboratories Ltd. v. Medical Technologies Ltd., (2016) 2 SCC 672 was referred wherein Supreme Court observed that every High Court must give due deference to the law laid down by other High Courts. In view of the aforesaid, the Court found merit in the petition and held the petitioners entitled to a pension to an extent of 75% of the pay last drawn by the deceased. [Bhagwati Devi v. Union of India, 2018 SCC OnLine HP 847, decided on 05-07-2018]