$~110 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 14770/2025 GOVINDE DEVI .....Petitioner Through: Mr. Abhay Kumar Bhargava, Mr.

Satyaarth Sinha, Ms. Shradha Mewati, Advs.

versus UNION OF INDIA & ORS. .....Respondents Through: Mr. Chetanya Puri, SPC along with Ms. Nisha puri, Mr. Abhay Verma, Mr. Kultar Chandel and Mr. Sukhraj Bhatti, Advs.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 21.01.2026

1. The present petition has been filed by the petitioner with the following prayers:

“i. Issue a writ of Mandamus or any other appropriate writ, order or direction thereby directing the respondents to release and extend family pension to the Petitioner in respect of her late husband’s service in the Border Security Force, and to pay all arrears of such family pension together with interest at the rate of 9% per annum from 18.12.2009, i.e., the date of death of the Petitioner’s husband.

ii. Pass any other order in the interest of Justice.”

2. In effect, the petitioner, wife of late Ishwari Dutt who was initially employed in Army and thereafter in Border Security Force (BSF) is claiming family pension pursuant to the death of her husband. We have been informed now that she is getting pension from the Army. Mr. Bhargava, learned counsel for the petitioner states that the grievance is primarily against the BSF who has stopped giving the family pension w.e.f.

18.12.2009 for the service put in by the deceased employee in BSF.

3. Learned counsel for the respondents states that he has instructions to state that the petitioner is entitled to family pension from BSF w.e.f. 24.09.2012. He also states that the respondent/BSF is processing the payment of the family pension to the petitioner and the same shall be paid to her.

4. At this stage, Mr. Bhargava states that the ground on which the respondent BSF has limited the family pension w.e.f. 24.09.2012 is that the concerned Sub Rules 13A and 13B of Rule 54 of the Central Civil Services (Pension) Rules, 1972 [‘CCS Pension Rules’] which do not permit two pensions were deleted vide notification issued on 27.12.2012 and as per the clarification issued by the Department of Pensions & Pensioners’ Welfare [‘DOP&PW’] dated 23.05.2022, the benefit of the family pension shall be granted w.e.f. 24.09.2012. Mr. Bhargava states that the respondents having deleted the Sub Rules 13A and 13B, the benefit of family pension must relate back to 18.12.2009.

5. We have seen the prayer as made by the petitioner in this writ petition.

6. We find that there is no challenge to the OM dated 23.05.2022 limiting the family pension to 24.09.2012. So, by taking the submission made by the counsel for the respondents, that the respondents shall process the payment of the arrears of family pension to the petitioner w.e.f.

24.09.2012, and directing the same be paid within 12 weeks from today with interest of 6% p.a., which interest shall be limited to the arrears for the period of three years, prior to the filing of the writ petition, dispose of this petition.

7. In so far as the plea of Mr. Bhargava that the O.M. dated 23.05.2022 cannot limit the family pension to 24.09.2012 is concerned, suffice to state liberty shall be with the petitioner to challenge the said O.M. in accordance with law, if so advised.

V. KAMESWAR RAO, J MANMEET PRITAM SINGH ARORA, J JANUARY 21, 2026/msh