Mohit Kumar Shah, J.—The present writ petition has been filed for directing the respondents to immediately stop making payment of any further amount to the widow of the deceased son of the petitioner and to grant at least 50% of the total financial benefits given to the widow of the deceased son of the petitioner, who died while working as a constable with the Sashastra Seema Bal. The petitioner has also prayed for grant of compassionate appointment to her son or her unmarried younger daughter.

2. The brief facts of the case, according to the petitioner, is that the elder son of the petitioner, namely, Jitendra Kumar Gupta, was a CT/GD in Sashastra Seema Bal (SSB), Frontier Headquarters, Patna, who was appointed on 08.02.2014 and died on duty on account of deadly Covid-19 disease, on 10.05.2021, whereafter, all the financial benefits / death cum retiral benefits including ex-gratia sum of Rs. 25 lacs, Bharat Ke Vir Nidhi to the tune of Rs. 15 lacs, Staff Benevolent Fund of Rs. 12 lacs etc. were paid to the widow /wife of the son of the petitioner, namely, Pooja Kumari, however, the petitioner, who is the old mother of the deceased, has been left high and dry. It is further submitted that the aforesaid Pooja Kumari’s marriage was solemnized with the son of the petitioner only in the year, 2017, no child has been born out of the said wedlock and now, she has run away from her matrimonial home, leaving the petitioner and rest of her family in lurch. It is contended that the petitioner and her aged ailing husband as also her young children, who were dependent on the deceased elder son of the petitioner, are in a penurious condition, hence, it is warranted that at least 50% of the entire financial benefits, given to the widow /wife of the deceased son of the petitioner, be given to the petitioner and for the said purpose, she has made several representations before the Respondents but to no avail.

3. Per contra, the learned counsel for the Respondents has referred to the counter affidavit filed in the present case to submit that late Jitendra Kumar Gupta of Frontier Headquarters, SSB, Patna, was enrolled in SSB as Constable (GD) on 08.02.2014 at 63rd Bn SSB, Barasat (West Bengal) and then he was transferred on 17.11.2020 to 45th Bn SSB, Frontier Hq., Patna, where it was detected that the aforesaid late Jitendra Kumar Gupta was a patient of Kidney disease Stage-III, however, subsequently, on account of contracting Covid-19 virus, his condition deteriorated and unfortunately, he expired on 10.05.2021, while undergoing treatment at AIIMS, Patna. It is further submitted that as per the service records of late Jitendra Kumar Gupta, his legally wedded wife is Smt. Pooja Kumari (DOB-10.12.1999), who is also his legal heir, hence upon demise of the said Jitendra Kr. Gupta, immediate Relief for Rs. 25,000/-, Financial Assistance out of Central Welfare fund to the tune of Rs. 1,00,000/- and Funeral Expenses to the tune of Rs. 8,000/- was paid to the next of kin of the deceased i.e Smt. Pooja Kumari. Thereafter, a sum of Rs. 12,00,000/- was also paid to Smt. Pooja Kumari, wife of the deceased, on the head of- “Financial assistance out of Staff Benevolent Fund”. It is next contended that it is incorrect on the part of the petitioner to aver that ex-gratia compensation to the tune of Rs. 25 lacs has been paid to the widow wife of the deceased, inasmuch as the said issue is under consideration at the level of the Ministry of Home Affairs and no decision has been taken till date.

4. The Ld. Counsel for the respondents has further submitted that Rule 54 (6) of the CCS (Pension) Rules, 1972 (hereinafter referred to as “the Rules, 1972”) postulates that family pension shall be payable to a widow upto the date of remarriage, nonetheless, the same shall continue to be paid to a childless widow on remarriage, if her income from all other sources is less than the amount of minimum family pension under sub-rule (2) and the dearness relief admissible thereon