RANI SINGH vs GOVERNMENT OF NCT OF DELHI & ORS.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 18 February 2025 Pronounced on: 1 July 2025 + W.P.(C) 12604/2022 RANI SINGH .....Petitioner Through: Mr. R.V. Sinha, Mr. A.S. Singh, Mr. Amit Sinha, Ms. Nidhi Singh and Ms. Shriya Sharma, Advs. versus GOVERNMENT OF NCT OF DELHI & ORS. ....Respondents Through: Mr. Raghav Bhatia, Adv. with Mr. Syed Hussain Taqvi and Ms. Aradhya Chaturvedi, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT % 01.07.2025 C. HARI SHANKAR, J. The lis 1. The petitioner Rani Singh, moved the Central Administrative Tribunal1 by way of OA 516/2021, seeking family pension in terms of 1 “the Tribunal”, hereinafter Signature Not Verified W.P.(C) 12604/2022 Digitally Signed By:AJIT Page 1 of 28 KUMAR Signing Date:01.07.2025 13:29:56 Office Memorandum2 dated 29 August 1986 issued by the Department of Pension & Pensioners’ Welfare3, on the ground that as her husband had left home on 8 June 2005 and had never returned, he was presumed dead and, consequently, she was entitled to family pension in terms of the aforesaid OM. The Tribunal has rejected the petitioner’s OA. She has, therefore, approached this Court by means of the present writ petition. 2. The dispute is only, therefore, whether the petitioner is entitled to family pension in terms of DOPPW OM dated 29 August 1986. Relevant Instructions 3. DOPPW OM dated 29 August 1986, as also DOPPW OM dated 18 February 1993, to the extent relevant, are reproduced thus: DOPPW OM dated 29 August 1986 “(9) Payment of retirement gratuity and family pension to the family, in case an official whereabouts are not known.- 1. A number of cases are referred to this Department for grant of family pension to eligible family members of employees who have suddenly disappeare