HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** ****

Priya ... Petitioner VS.

Union of India & Ors. ... Respondents ****

1. Judgment reserved on 29.01.2026 2. Judgment pronounced on 30.03.2026 3. Judgment uploaded on 30.03.2026

4. Whether operative or full judgment Full 5. Delay in pronouncement of full judgment and reasons, if any NA ****

CORAM: HON’BLE MR.JUSTICE SANDEEP MOUDGIL ****

Present: Mr. KS Boparai, Advocate for the petitioner Ms. Ghena Vaishnavi, Sr.Panel Counsel for the respondents ****

Sandeep Moudgil, J.

Prayer (1). The jurisdiction of this Court has been invoked under Article 226 of the Constitution of India, inter alia, for issuing a writ of mandamus directing the respondents to pay her pension being surviving widow of the deceased Army Officer Major Hari Singh, at enhanced rate at par with other widows along with arrears and interest from the date of her entitlement.

Facts.

(2). The petitioner-Priya is the widow of Late Major Hari Singh, who died on 17.11.1995. One Smt. Swaran Kaur was the first wife of Major Hari Singh who too died. Thereafter, he re-married with Mohinder Kaur in 1966 and out their wedlock, two children were born, however, Mohinder Kaur deserted him soon thereafter. Hari Singh impressed upon the petitioner that he was a widower and as such, they ceremonially performed marriage in 1989. The petitioner, who was also a Major in NCC, had to resign after marriage and they started living together as husband and wife upto 17.11.1995.

(3). After the death of Hari Singh, his first wife Mohinder Kaur filed Civil Suit seeking declaration regarding her title to receive retirement benefits of Major late Hari Singh. The said suit was decree vide judgment and decree dated 05.08.1999, however, the same was reversed in appeal and vide judgment dated 23.01.2022, the appellate Court held the petitioner to be a legally wedded wife of Major late Hari Singh which stood proved from marriage certificate issued by the Gurudwar regarding Anand Karaj ceremony besides a Will bequeathing his properties in favour of the petitioner. Mohinder Kaur filed RSA No.1006 of 2002 challenging the said appellate court judgment and this Court vide judgment dated 23.01.2002 allowed the said regular second appeal and restored the judgment and decree passed by the trial court and the said judgement has since attained finality after the dismissal of the SLP filed by the petitioner before the Supreme Court. Consequently, she received family pension. However, Mohinder Kaur died on 18.10.2006 and since her children are major, so they were not entitled to receive family pension under the Army Pension Rules. As such, after the death of Mohinder Kaur, the petitioner being wife of the Major late Hari Singh is the only surviving widow and entitled to receive pension particularly in view of the fact that she has no other source of income. However, vide letter dated 29.04.2016 (Annexure P19), the respondents refused to grant any relief to the petitioner in view of the judgment of this Court in RSA.

(4). Hence this writ petition.

Contentions raised on behalf of the petitioner (5). Learned counsel for the petitioner contends that the only reason for denial of the petitioner’s claim for family pension was that the co-widow Mohinder Kaur was receiving the family pension and since she has expired, the petitioner is entitled to family pension as per Rule 98 of the Army Pension Rules, which provides that where the family pension is payable to more widows than one, the family pension shall be paid to the widows in equal share and as such, in view of the aforesaid provision, the decision rendered in the litigation inter se the widows cannot come in the way for release of family pension to the surviving widow. It is urged that her case for grant of family pension was forwarded by the President’s Secretariat to the Ministry of Defence on 15.09.2016, however, no action has been taken by the respondents. (6). It is further pleaded that the marriage of the petitioner