Wp(C)/6658/2005 Of Rajesh Basfore And Anr v. Department Of Income Tax And Anr

WP(C) 6658/2005BEFOREHON’BLE MR JUSTICE B.K.SHARMA The petitioners are the sons of Late Surajmal Basfore who was a Group-D employee(Safaiwala) under the respondents. After his death the family received family pension. Their mother died in 1995 and according to the petitioners, after such death of their mother they did not get the family pension. It has further been stated that except the petitioner No.1 other children at the time of filing the writ petition were minors. In the above background the prayer made in this writ petition is to direct the respondents to pay family pension to the eligible members of the family of Late Surajmal Basfore. In the counter affidavit filed by the respondent No1, it has been stated that payments under different heads were under process. In the additional affidavit filed by the State respondent, it has been stated that the deceased had rendered service of 1 year 7 months and 10 days. It has been admitted that his family was entitled to family pension w.e.f. 23.10.1992. Accordingly, Smti Putuli Basfore, widow of the deceased Government servant was granted family pension . The affidavit further states that the family members did not bring it to the notice of the authority that Smti Putuli Basfore died 10 years back in the year 1995. It has further been stated that the eligible sons/daughters or guardian (on behalf of minor) are required to make claim for family pension etc. in the prescribed form. It has also been stated the sons/daughters of the deceased employee will be entitled to the benefits upto the prescribed age limit and not beyond that. In view of above, the writ petition is disposed of directing the respondents to make payment of admissible amounts to the eligible family members of the deceased employee till such time they are entitled to receive the same.