- (1.) The cause under adjudication is arising out of the facts narrated as under :
(2.) Shri Bhanwarlal, husband of the petitioner, on being retired from service w.e.f. 31.3.1982 was in receipt of superannuatory pension in accordance with the Central Civil Services (Pension) Rules, 1972. however, in the month of August, 1986 he disappeared, therefore, no pension was drawn by him or on his behalf upto 4.3.1994, the date from which the petitioner is receiving family pension as per G.I. Department of Pension and Pension Welfare O.M. No. 1(17)-P. and P.W./86-E dated 18.2.1993, that reads as follows: Family pension should be sanctioned from the date of lodging FIR or expiry of leave of the employee, whichever is later.-*** At present the family pension is sanctioned and paid to the eligible member of the family one year after the date of registering the FIR with the Police and no family pension is paid for the intervening period of one year from the date the FIR is lodged to the date the family pension can be sanctioned. This practice is causing hardship to the families. It has now been decided that the family pension which, in pursuance of the earlier orders, will continue to be sanctioned and paid one year after the date of lodging the FIR, will accrue from the date of lodging the FIR or expiry of leave of the employee who has disappeared, whichever is later. When the sanction for family pension is issued, the payment of pension from the date of accrual may be authorized. The usual procedure of obtaining the Indemnity Bond, etc., as laid down in the OM, dated 29.8.1986 [Decision (14) above] will continue to be followed. While sanctioning payment of family pension, it will be ensured by the concerned authorities that family pension is not authorized for any period during which payment of pay and allowances in respect of the disappeared employee has been made.
(3.) Suffice it to note that the first information report about missing of Shri Bhanwarlal was lodged at the police station having jurisdiction on 4.3.1994, as such family pension was also granted to the petitioner from that day.;