O R D E R

1. This petition arises from the order passed by the High Court of Uttarakhand at Nainital in Writ Petition No.2625 of 2021 dated 14.12.2021, by which the High Court disposed of the writ petition in Signature Not Verified Dtigitahlly esign ed fbyollowing terms:-

SNEHA DAS Date: 2024.12.06

10:29:18 IST Reason:

“5. In view of the submission made by learned counsel for respondents, the writ petition is disposed of with liberty to petitioner to make representation to Principal Controller of Defence Accounts (Pension), Allahabad, within three weeks from today. Respondent no.1 shall forward petitioner’s claim for maintenance, to Principal Controller of Defence Accounts (Pension), Allahabad within three weeks. The Principal Controller of Defence Accounts (Pension), Allahabad shall consider petitioner’s representation and take appropriate decision, in accordance with law, as early as possible, but not later than three months from the date of receipt of such representation. Before taking any decision, petitioner’s husband shall also be given an opportunity of hearing”

2. It appears from the materials on record that the petitioner herein, has matrimonial issues. The petitioner claims to be the wife of the respondent no.5 herein, namely, Virender Kumar Chauhan. The respondent no.5 was serving with the Indian Ordnance Factory, Dehradun. He attained superannuation on 30.10.2020.

3. It is the case of the petitioner that since her husband is not taking care of her, she is entitled to receive one third of all the terminal benefits paid to her husband upon superannuation i.e.

commutation, gratuity, provident fund and pension.

4. Today, when the matter was taken up for hearing, the learned senior counsel appearing for the Indian Ordnance Factory, Dehradun as well as for Union of India, produced a communication dated

05.12.2023, which reads thus:

“ORDNANCE FACTORY DERHADUN (Respondent No.1)

Note Sheet F.No. OFD/Legal Cell/(3)/2023-PC, Dt. 05.12.2023 Sub: IA No.73646/2022 in SLP No.3584/2022 filed by Pushpa Chauhan vs UOI & Ors Ref: (i) PCDA (P), Prayagraj (Respondent No.3) Letter No.LC/XI/WP No.2625/2021/C-4190 dt.04.12.2023 (ii) Hearing held on 20.11.2023 in the Hon’ble Supreme Court of India ******

In connection with the IA filed by the petitioner following clarification are most humbly offered for kind consideration of the Hon’ble Apex Court please.

(i) That, PCDA (P), Pryagraj has informed that, 1/3rd of Pension as monthly maintenance allowance payable to the petitioner is correct, which is as follows:-

Basic Pension sanctioned to her husband: Rs.28450/- per month.

40% of pension admissible for Commutation: Rs.11380/- per month Pension after commutation (28450-11380): Rs.17070/- per month

1/3rd of Pension: 1/3x(Rs.17070/-) = Rs.5680/- per month.

(ii) That PCDA (P), Pryagraj has informed that, since the order of paying 1/3rd of Maintenance Allowance from the monthly pension of the petitioner’s husband has no mentioning about the Dearness Allowance, therefore, same could not be paid to the petitioner. Generally, Maintenance allowance is fixed thing but Dearness Allowance varies after every sis months. 1/3rd of Rs.17070/- (Pension after commutation) which is Rs.5690/- monthly is authorized for payment.

It is further informed by the PCDA(P) that, Maintenance Allowance for the months Nov 2022 to Apr 2023 has been deducted from the monthly pension of the petitioner’s husband by the system, however same could not be credited into the account of the petitioner due to technical glitch of the system. Therefore, a sum of Rs.34140/- has been accrued as monthly allowance arrear which was due to the petitioner for the period from Nov 2022 to Apr 2023 and to pay this to the petitioner, matter was referred to the Technical Team. The Technical Team has removed the technical glitch and made the payment of arrear on 05.12.2023. It is further informed by PCDA(P) that since May 2023, the petitioner is getting monthly allowance smoothly.

(iii) That, PCDA(P) has informed t