Case Note & Summary
The case concerns a suo motu writ petition registered based on a letter from Dina Mavji Maru, an unmarried daughter, claiming family pension under the New Family Pension Scheme. Her mother, Hiroo Mavji Maru, served as a female sweeper in INHS Ashvini and died on 11 February 1971 while in service. Family pension was granted to her husband, Mavji Khoda Maru, with effect from 12 February 1971. Mavji Khoda Maru died on 6 November 1985. The petitioner then claimed family pension. In the reply affidavit filed by Mohd. Mumtaz Ahmad, Assistant Controller of Defence Accountants, the petitioner's entitlement to the family pension scheme was not questioned. The only stated issue was that the family pension scheme is sanctioned upon receipt of the pension claim through the Head of the Office where the deceased served. The court noted that the respondents did not dispute the petitioner's entitlement. The court directed the respondents to process the petitioner's claim for family pension and pay arrears with interest at 6% per annum from the date of her father's death, i.e., 6 November 1985, until the date of payment. The writ petition was disposed of accordingly.
Headnote
A) Family Pension - Entitlement of Unmarried Daughter - New Family Pension Scheme - The petitioner, an unmarried daughter, claimed family pension after the death of her father, who was receiving pension as a widower of a deceased government servant. The respondents did not question her entitlement. The court held that the petitioner is entitled to family pension and directed the respondents to process the claim and pay arrears with interest at 6% per annum from the date of the father's death until payment. (Paras 1-4)
Issue of Consideration
Whether the petitioner, as an unmarried daughter, is entitled to family pension under the New Family Pension Scheme after the death of her father, who was receiving the pension as a widower.
Final Decision
The court directed the respondents to process the petitioner's claim for family pension and pay arrears with interest at 6% per annum from 6 November 1985 until payment. The writ petition was disposed of.
Law Points
- Family pension entitlement
- Unmarried daughter
- New Family Pension Scheme
- Suo motu writ petition
