ORDER

Per: SURESH KUMAR BATRA MEMBER (J):-

1. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following relief:- (i) To set aside the impugned order dated 11.10.2021 (Annexure A-1) whereby the respondent no. 2 has ordered recovery of family pension received by the applicant from 01.07.1992 to 31.12.2020 on the ground that she had remarried thus entitled to family 2- O.A. No. 060/1363/2021 pension despite the fact that the applicant married the real younger brother of her late husband and as such she continues to remain in the family only.

(ii) To further direct the Respondent No. 2 to restore the family pension which was stopped w.e.f. 01.02.2021 and to release the arrears thereof.

2. The factual matrix of the case is that the applicant‟s husband namely late Raj Kumar was working as Workman Telecommunication in the erstwhile Post and Telecom Department and expired on 16.03.1982. Out of the wedlock two daughter namely Binder and Nimo were born. The applicant married the younger brother Sh. Mohan Lal in the year 1992. From this wedlock, the applicant was blessed with three children namely Seema (daughter), Atma (daughter) and Satpal (son).

The daughters born from the earlier wedlock with Late Sh. Raj Kumar got married. Subsequently, a complaint dated 29.10.2020 (Annexure A-2) was filed before Central Vigilance Officer, New Delhi by one Sh. Darshan Singh alleging that the applicant had remarried after the death of Sh. Raj Kumar and as such she is not entitled to receive widow pension. The said complaint was marked to the District Social Welfare Officer, Ropar who further marked it to CDPO, Nurpur Bedi, Ropar to enquire into the same, vide letter dated 07.12.2020. The applicant was asked to give her statement and she vide her reply dated 24.09.2021 (Annexure A-3) stated that she is not receiving any widow pension from their office and that she is only receiving family pension from the respondents upon death of her husband.

3- O.A. No. 060/1363/2021

3. It has been further submitted that the applicant was drawing the family pension @ Rs.11,779/- per month from the respondent No.3 till January,2021. However, since the family pension of the applicant was stopped, she wrote to the respondents for restoring the family pension vide her letter dated 08.02.2021 (Annexure A-4). Thereafter, she got served a legal notice dated 09.09.2021 (Annexure A-5) upon the respondents, which was replied by the respondents vide letter dated 26.10.2021 (Annexure A-6) informing the applicant that they had conducted the enquiry and because she had not reported the facts of her remarriage to the Pension Disbursing Authority, which is a violation of Rule 54 (6) of the Central Civil Services Pension Rules 1972. The relevant part of their reply is reproduced herein below:- “Status and Action taken report of Chief Postmaster General Punjab Circle Chandigarh who has conducted enquiry through SSPO‟s Chandigarh reveals into the conclusion that Smt. Kashmir Kaur has solemnized marriage with Sh. Mohan Lal in the year 1992 after death of Late Sh. Raj Kumar and has not reported the facts about her remarriage to PDA (Pension Disbursing Authority).

Report further reveals that “Family Pensioner fails to comply with the instructions of Rule 54 (6) of CCS Pension Rules 1972. Moreover, while submitting information for Digital Life Certificate family Pensioner failed to submit correct information about her marital status. As per Report of APM (Accounts) Ropar “N” appears under column “Remarriage” whereas as per provisions of CCS Pension Rules family pensioner has to intimate/report to Pension Disbursing Authority about the event of her remarriage.”

4. It has been further submitted that the respondent no.2 vide its letter dated 28.09.2021 directed the respondent no.4 to recover the family pension received by the applicant from 4- O.A. No. 060/1363/2