JUDGMENT :

Ajay Mohan Goel, J.

Brief facts necessary for the adjudication of this petition are as under:-

2. The husband of the petitioner after, his discharge from Indian Army, joined the respondent-Board initially on daily wage basis and thereafter on regular basis as a Beldar-cum-Chowkidar. After, regularization of his services, he superannuated from the service of the respondent-Board on 31.05.2001. After his discharge from the Indian Army, late husband of the petitioner was getting regular pension from the Army while he was in the service of the respondent-Board. After his superannuation from the respondent-Board, he continued to receive his pension from the Army also as well from the respondents-Board.

3. The husband of the petitioner died on 22.03.2008. The grievance of the petitioner is that after the death of her husband, family pension has not been paid to her by the respondent on the ground that the petitioner is entitled to receive only one family pension and as she was receiving the family pension from Indian Army, therefore, she was not entitled for family pension from the respondent-Board.

4. For completion of facts, it is necessary to mention that in the interregnum, the