Dependents of deceased employees are entitled to family pension, and failure to grant it without justifiable reason is discriminatory.

ORDER :

(Pushpendra Singh Bhati, J.)

This writ petition has been preferred under Article 226 of the Constitution of India claiming the following reliefs:

"It is therefore humbly prayed that this writ petition may kindly be allowed and by an appropriate writ, order or direction

1 The respondent's authorities may kindly be directed to grant family pension to the petitioner on account of death of late Shri. Bhanu Lal Bheel and make payments of the arrears of family pension and other dues or benefits to the petitioner as per rules and also to make payment of interest on the amount of the arrears of the family pension to the petitioner.

2 The respondent department may kindly be directed to make family pension to the petitioner in accordance with new pay commission with all the benefits.

3 Any other order in the favour and welfare of the present petitioner may kindly be passed."

2. As per the pleaded facts, the present petitioner, was the wife of Late Shri. Bhanu Lal who had retired from the post of Pump Driver-II, working in the office of respondent no.3, in the year 2001 and a P.P.O. bearing No. 433195 was issued on 26.03.2002 in his favour; simultaneously a Form-A with regard to nominee was also issued on the same date. Prior to the deceased's marriage with the petitioner, the deceased had been married to one Late Smt. Puni Devi, whose name had been recorded in the service records as nominee; however after Smt. Puni Devi had expired, Late Shri. Bhanu Lal had married the present petitioner; an application was moved to change the name of the nominee whereafter the respondent no.3 entered the name of the petitioner in the Form No. A, but no changes were reflected in the PPO.

2.1. During the lifetime of Late Shri. Bhanu Lal, the petitioner's family had received the pension from the pension department, however the husband of the petitioner expired on 09.12.2011, whereafter repeated requests were made for grant of pension to the petitioner, but the respondent no.5 asked for a No-objection Certificate from Late Smt. Puni Devi, vide letter dated 28.11.2014, even though petitioner had already submitted the death certificate of Smt. Puni Devi before the respondent department; in the matter grant of pension, the petitioner has also served a legal notice upon the respondents, but no response thereto was ever received by the petitioner.

2.2. Subsequently, the petitioner again submitted the death certificate of Late Smt. Puni Devi alongwith an application for grant of family pension to the petitioner, but no action was taken by the respondents with regard to the same. Aggrieved of the inaction of the respondent department, the present petition has been preferred claiming the afore-quoted reliefs.

3. Learned counsel for the petitioner submits that the family pension is made in lieu of long, faithful and dedicated services rendered by an employee and is obligatory on part of the respondents to grant the same to the dependents of the deceased employee, and thus, the action of the respondents in not granting the family pension to the petitioner without any cogent and justifiable reason was discriminatory and not justified in law.

3.1. Learned counsel further submits that the petitioner's name had already been incorporated vide the Form A as nominee of the deceased husband and death certificate of the previous nominee i.e. Smt. Puni Devi had also been submitted, yet no action was taken by the respondents in the matter of grant of pension to the present petitioner and her family; in furtherance, vide letter dated 28.11.2014, the petitioner was directed to obtain No Objection Certificate from Smt. Puni Devi.

3.2. Learned counsel also submits that the petitioner was dependent on her Late husband and has no source of livelihood; further, she has four children to take care of and the entire family is thus facing financial hardship at the present moment due to the inaction of the respondents.

4. On the other hand, learned counsel for the respondents, while op