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2017 Supreme(P&H) 1326

AJAY KUMAR MITTAL, AMIT RAWAL
Raksha Devi – Appellant
Versus
Union of India, Ministry of Communication and Information Technology, New Delhi – Respondent


Advocates Appeared:
For the Petitioner:Mr. Madan Mohan, Advocate
For the Respondent:Mr. Namit Kumar, Advocate

JUDGMENT :

AMIT RAWAL, J.

1. Petitioner has approached this Court under Articles 226/227 of the Constitution of India by challenging the order of the Central Administrative Tribunal, Chandigarh Bench (for short “CAT”) dated 25.10.2016 (Annexure P-4) dismissing the O.A.No.060/001156/2015, wherein quashing of orders dated 1.10.2015 (Annexure A-1) and 7.10.2015 (Annexure A-2) was sought.

2. Mr.Madan Mohan, learned counsel appearing on behalf of the petitioner submitted that the husband of the petitioner, namely, Tarsem Lal Postman (since deceased), while on official duty, suffered a fatal injury and ultimately died on 13.8.1990. Family pension was sanctioned in favour of the applicant-petitioner under the Central Civil Services (Pension) Rules, 1972 (for short “1972 Rules”) w.e.f. 14.8.1990. On 25.2.1992, the petitioner was given appointment on compassionate ground. She retired on 31.8.2009 and is drawing the regular pension, besides the family pension. A representation dated 18.3.2015 for re-fixation of the pension as per the CCS (Extra Ordinary Pension), Rules (for short “EOP Rules”) was submitted, which has been rejected vide impugned orders dated 1.10.2015 (Annexure A-1) and 7.10.201
















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