JUDGMENT

Petitioner's son died while in service on 21-6-

1998. By O.M. dated 1-1-1998, Government of India made provisions whereby, parents of deceased Government employees became eligible for family pension. Petitioner's son had left behind his widow. She was accordingly found eligible and granted pension. She subsequently re-married and relinquished her right to family pension on 29-9-2000. The widow's application for transferring the family pension to the parents of the deceased was rejected. By Ext.P5, the petitioner's application was rejected by saying that since the widow is alive, the dependent parents cannot be granted family pension. But the fact remains that the widow has re-married and she had relinquished her claim for pension. This is evidenced by Ext.P3.

2. The Apex Court in S.K.Mastan Bee v. The General Manager, South Central Railway (JT 2002 (10) SC WPC33059/2003

50) laid down that the view that once family pension is granted to one of the relatives, other eligible members cannot claim family pension even if the former subsequently becomes ineligible to receive family pension, is too technical, unreasonable and goes against the spirit of the Regulations which arose for