Family pension to widow ceases on remarriage; subsequent annulment does not revive it. OA filed 23 years after cause of action barred by limitation under Section 21 without sufficient cause shown.

O R D E R

BY JUSTICE AKHIL KUMAR SRIVASTAVA, JM:-

1.In this case relating to the payments of family pension, the applicant has sought the following reliefs:

(8.1) That, the Hon'ble Tribunal may kindly be pleased to directed the Respondents to Restore the payments of family pension as it was before the remarriage on 08-05-1995 to the applicant and updated to be revised and the order dated 10-12-2018 (Annexure A/1) may please be quash/set-aside.

(8.2) That, immediately the applicant be sanctioned and granted the Family Pension wef 30-08-2000 from which her re-marriage has been declared null & void (Annexure A/5)

(8.3) That, any other order or direction which the Hon'ble Tribunal thinks fit & proper to resolve the grievance of the applicant

(8.4) The Cost of petition with interest @ 12% on arrear may also be awarded to the applicant.

(8.5) That, Any other order or direction which the Hon'ble Tribunal thinks fit and proper looking to the circumstances of the case may kindly be passed.”

2. The brief facts of the case is that the applicant is retired from the office of the AG, M.P., Gwalior and widow of Late Shri S.S.Jadon who had also been an employee in the same office. After prolonged illness unfortunately the husband of the applicant died on 27.05.1988 (Annexure A/2). After death of her husband, family pension was sanctioned to the applicant by the office of the Accountant General vide order dated 04.10.1988. In furtherance, the pay and accounts office sanctioned the family pension @ 740/w.e.f. 28.05.1988. Taking benefit of pitiable condition of applicant, One Shri Arvind Punde proposed and persuaded the applicant to marry with him on 08-05-1995. (Annexure A/4). As a result of this remarriage family pension of the applicant was stopped. The remarriage proved disastrous & ruinous to the applicant as the remarried husband, Arvind Punde started harassing and exploiting the applicant of her small acquisitions & savings. Within a year of remarriage applicant was made a voiceless, non-being and was rendered homeless. Resultantly the applicant started living separately. The marriage was ultimately dissolved and annulled by decree of the Competent court of Law on 30-08-2000. (Annexure A/5). The applicant adopted a son named Rohan on 04-06-2011. It is now the solemn duty of the applicant to ensure that her adopted son gets much better education, leads a healthy life and builds up a bright career. (Annexure A/6) and the applicant also got retired from govt. service and getting pension (Annexure A/7). Due to the remarriage the aforesaid family Pension of the applicant was stopped. After the dissolution and annulment of 2^nd marriage the applicant made the applications & Representations to the Accountant General (A/E) II on 08.12.2014 which was rejected on 23.01.2015 (Annexures A/8 & Α/9). Thereafter the applicant made appeal/representation to CAG of India on 24.01.2015 which was also rejected on 13.03.2015 (Annexures A/10 &A/11). Despite the latest representation dated 16.10.2018 (Annexure A/12) the respondents rejected her claim for restoration of family pension due to the death of her former husband S.S.Jadon, vide impugned order dated 10.12.2018 (Annexure A/1) by passing the non-reasoned and non-speaking order.

3. Per contra, the respondents have filed their reply wherein it has been submitted that the applicant was remarried with Shri Ravindra Punde on 08.05.1995 and her family pension was stopped. Therefore, cause of action arose to applicant on 08.05.1995, and in view of this fact, the instant O.A. ought to have been filed within a year i.e. on or before 07.05.1996. Applicant fi