THE UNION TERRITORY OF CHANDIGARH AND ANOTHER Vs. JASWINDER KAUR AND OTHERS
LAWS(P&H)-2016-7-157
HIGH COURT OF PUNJAB AND HARYANA
Decided on July 11,2016

The Union Territory Of Chandigarh And Another Appellant
VERSUS
Jaswinder Kaur And Others Respondents

JUDGEMENT

Ajay Kumar Mittal, J. - (1.) The petitioners through the instant petition filed under Articles 226/227 of the Constitution of India, have prayed for issuance of a writ in the nature of certiorari for quashing the judgment dated 14.12.2015 (Annexure P-1) passed by the Central Administrative Tribunal (in short "the Tribunal").
(2.) A few facts necessary for adjudication of the present petition as narrated therein may be noticed. The husband of respondent No.1 had joined BEG Unit Roorkee as per having No. 1453846 on 25.5.1974. He was discharged on 1.7.1990 with pension and after his death on 16.3.2014, family pension had been granted to respondent No.1. After discharge from Army service, the husband of respondent No.1 joined Police Department, UT, Chandigarh as Constable on 10.9.1991 and served upto 31.3.2013, i.e. the age of superannuation. Respondent No.3 sanctioned the pension of Shri Sohan Singh, husband of respondent No.1 with a note that "there is no family/family member eligible for family pension. The claim of respondent No.1 was denied on the ground that her deceased husband had opted for military pension after his death and that respondent No.1 was eligible to draw only one pension. Accordingly, respondent No.1 filed Original Application No. 060/00548/UT/2015 before the Tribunal. The Tribunal vide judgment dated 14.12.2015 (Annexure P-1) allowed the said Original Application and held respondent No.1 entitled to the benefit of Circular dated 17.1.2013. The petitioners were directed to issue a revised PPO regarding Shri Sohan Singh, husband of respondent No.1 reflecting that the family pension would be payable to the family of said Shri Sohan Singh. Hence, the present writ petition.
(3.) After hearing learned counsel for the petitioners, we do not find any merit in the writ petition.;


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