AJIT KUMAR SINHA, J. - (1.) The present writ petition has been filed for issuance of an appropriate writ, order or direction, commanding upon the respondents to consider the case of the petitioner for fixation of family pension on the pay, which her deceased husband was entitled to on the date of his death and for fixation of pay scale of Captain Ravindra Nath Mishra on the date of his death and for further granting family pension, as permissible to the petitioner instead of Rs. 940/ - per month and for further direction to the respondents to pay the said family pension in accounts existed in S.B.I., Hanuman Nagar, Patna and also for arrears of family pension with 18% interest per annum thereon with increment and compensation.
(2.) THE short point in issue is with regard to interpretation of Liberalized Pensionary Awards in the case of death/disability, which was issued by the Government of India's Notification O.N., No. 33/5/89 -P. and P.W. (K) dated the 9th April, 1990. 3. The respondents in their supplementary counter affidavit have annexed the said Government of India's Notification as Annexure -B (page -7) and their objection to the claim in the writ petition is that as per Rules 2 and 3, which provide for applicability and scope of liberalized pension, the petitioner is not entitled for the same and this is the sole ground, which they have stated in the counter affidavit, on which they have refused the claim of the petitioner. Rules 2, 3 and 4 are quoted as under: 2. Applicability: (1) These orders apply to all Civilian Central Government servants, who are governed by the Central Civil Services (Extraordinary Pension) Rules. (2) These orders also apply to Civilian Central Government servants governed by the Workmen's Compensation Act, 1923, subject to certain adjustments being made as provided in paragraph 9. Scope: (1) These orders apply to Government servants killed or disabled - (a) as a result of action in international wars; (b) as a result of fighting in war -like operations or border skirmishes with any country; (c) While fighting against armed hostiles; (d) during laying or clearance of mines including enemy mines as also mines sweeping operations between one month before the commencement and three months after the conclusion of the operations; (e) as a result of attack by extremists, anti -social elements, etc., or during action against dacoits, smugglers, hostiles, etc.
(3.) BENEFIT to the family in the event of the Death of the Government Servant (1) If the Government servant is survived by the widow she will be entitled to family pension equal to the pay last drawn by the deceased Government servant. The said family pension shall be admissible to her for life or until her remarriage. (2) In the event of remarriage of the widow family pension will be allowed at the rates of family pension and subject to the conditions laid down for family pension under the CCS (Pension) Rules, 1972, from the date following the date of her remarriage. (3) If the Government servant is not survived by widow but is survived by child/children only, all children together shall be eligible for family pension at the following rates: Basic Pay of Government servant on the date of death Monthly family pension (i) Not exceeding Rs. 1,500... 50% of basic pay. (ii) Exceeding Rs. 1,500 but not exceeding Rs. 3,000 ... 40% of basic pay subject to a minimum of Rs. 750/ - (iii) Exceeding Rs. 3,000 ... 30% of basic pay subject to a minimum of Rs. 1,200 andmaximum of Rs. 2,500.xx xx xx 4. Learned Counsel for the respondents submits that the basic requirement to apply the provision is that one has to be Civilian Central Government Servant and the scope is applicable only to such Civilian Government Servants, who are killed or disabled on duty and thus, this will not apply in the case of the petitioner for the sole reason that he was an Armed Personnel in C.R.P.F. ;