Petitioners husband died in 1986.
In the first case, in the return made by Captain K. Vishwakarma from the Office of Records AMC, Lucknow in paragraph A, it has been stated that pension has been re fused as petitioners marriage was after retirement of the Subedar.
The petitioner applied for family pension but by a letter dated 3rd of August, 1988, her application was rejected by saying It has number been found possible to include wife of a Government servant who had married after retirement in the definition of family for grant of family pension.
The petitioner in the companynected writ petition is the wife of a retired Railway employee.
Petitioner who has two minor children applied for family pension and the same has number been granted.
The Subedar died in September, 1985 in an accident.
Since family pension under the Rules has number been given to them, they have asked for a mandamus to the respondent Union of India to grant such pension in terms of the pension scheme applicable to the category to which the husbands of the respective petitioners belonged.
Petitioner Smt.
ORIGINAL JURISDICTION Writ Petition Nos.
Peti tioner got married to her husband in 1981 and has a daughter born in 1984 out of the said wedlock.
Mrs. S. Ramachandran for the Petitioners.
Her husband after serving for 18 years retired on 3.8.1947 and was given pension.
The Judgment of the Court was delivered by RANGANATH MISRA, J. Each of these two writ petitions under Article 32 of the Constitution is by the widow of the respective pensioners.
Her husband took volun tary retirement at the age of 44 in November, 1979.
1128 and 1204 of 1988, 1012 Under Article 32 of the Constitution of India .
C. Mahajan, Ms. A. Subhashini and Ms. Kusum Chaudhary for the Respondents.
In 1955, his wife died and in 1965 he was married to the petitioner.
Bhagwanti is the widow of an ex Subedar of the Indian Army.
