Union of India v. Jivanti Devi

Supreme Court of India · 02 Nov 2015
Anil R. Dave; Adarsh Kumar Goel
Civil Appeal No. 13344 of 2015
civil appeal_allowed Significant

AI Summary

The Supreme Court allowed the appeal and directed a lump sum payment to the respondent in lieu of family pension, recognizing equitable relief where formal pension eligibility was not met.

Full Text
Translation output
Page 1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
Civil Appeal No. 13344 of 2015 arising out of S.L.P. (Civil) No. 1224 of 2015
Union of India & Ors. ... APPELLANT(S)
VS.
Jivanti Devi ... RESPONDENT(S)
JUDGMENT
Anil R. Dave, J.

1. Leave granted.

2. Heard the learned counsel appearing for the parties.

3. By virtue of the impugned judgement, the High Court has directed the appellants to consider the case of the respondent, whose son was a member of the Central Reserve Police Force and who could not render his full service for the entire term so as to avail pension. The respondent-mother is not being paid any amount by way of family pension.

4. Looking at the peculiar facts of the case and more particularly upon considering the ailment suffered by the son of the respondent and service rendered by him, we direct that instead of Page 2 considering the case of the respondent for family pension, the respondent be paid a sum of Rs.[2] lakhs (Rupees two lakhs) in lumpsum, without payment of any family pension.

5. An account payee cheque, in the name of the respondent shall be given to the respondent within two months from today.

6. In view of the above, the appeal is disposed of. No order as to costs .................. J. [ANIL R. DAVE] .................. J. [ADARSH KUMAR GOEL] New Delhi; 2nd November, 2015.