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2013 Supreme(Ker) 31

B.P.RAY
M. Panchami – Appellant
Versus
Union of India, represented by Secretary, Ministry of Home Affairs, New Delhi – Respondent


Advocates appeared:
For the Petitioners:J. Devadanam, Vinod J. Dev, Pramod J. Dev, Advocates.
For the Respondents: R1-R3, P. Parameswaran Nair, ASG of India, T.P.M. Ibrahim Khan, ASS T.S.G of India.

Judgment

1. Heard both sides.

2. Petitioners are the parents of deceased J. Valsalan, who died in an insurgent attack at Pastoi Market (Imphal) while he was in service under respondents 1 to 3. The 4th respondent who was his wife, was awarded with Liberalised Penisonary award and she got re-married on 03.05.2000. On re-marriage, the widow being disqualified, the same was stopped and she was paid ordinary family pension as a special provision. The parents are not getting any pension. Hence, this writ petition with the following prayers:

1. To declare that the petitioners are the legal heirs of deceased Valsalan who died on 02.11.1997 while in service under respondents 1 to 3.

2. To issue a writ of mandamus or any other writ, direction or order directing respondents 1 to 3 to sanction family pension of the deceased Valsalan to the petitioners with effect from 03.05.2000 the date of the re-marriage of the 4th respondent, the wife of deceased.

3. To declare that petitioners are entitled to draw all the death benefits and compensation of deceased Valsalan.

3. The learned counsel for the petitioners submits that as per sub-Section (4) of Section 4 of the consolidated orders on LPA [GOI











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