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2006 DIGILAW 765 (PNJ)

Kamlesh Kumari v. K. Vekanta Ramana

2006-02-28

M.M.KUMAR

body2006
Judgment 1. Reply on behalf of respondent No.2 has been filed in Court today. The same is taken on record. 2. On 28.4.2005 (Annexure P-1) a Division Bench of this Court allowed C. W. P. No.12475 of 2003 and issued directions to the respondents to release the family pension to the petitioner within a period of two months from the date of receipt of certified copy of that order. The petitioner is the mother of deceased-constable Jai Singh, who is stated to have died on 05.10.2001. 3. It has been found that deceased Constable-Jai Singh was divorced and he never remarried. He had no children. Accordingly his mother was held entitle to family pension. When the directions issued by the Division Bench were not complied with, the petitioner filed the instant contempt petition. 4. According to the reply filed by the respondents, the family pension has been released to the petitioner w. e. f.26.8.2004 when the notification, making the amendment in the definition of family by including the parents of the deceased has been issued, and the petitioner became eligible to the family pension from that date. In view the directions issued by the Division Bench, there is no date given from which the petitioner would be entitled to the family pension. 5. Therefore, the stand taken by the respondents cannot be considered to have violated the directions issued by this Court. 6. In view of above, rule is discharged. However, the petitioner shall be at liberty to challenge the action of the respondents by granting her family pension w. e. f.26.8.2004 instead of 5.10.2001 when the son of the petitioner had died. This petition stands disposed of.