SMT LAKSHMI DEVI & ANR. vs UNION OF INDIA & ORS.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 16.01.2026 Judgment pronounced on:27.01.2026 Judgment uploaded on: 27.01.2026 + W.P.(C) NO. 11263/2023 & CM APPL. 43849/2023 SMT. LAKSHMI DEVI AND ANR. .....Petitioners Through: Mr. Deepak Kohli and Mr. Rishi Vohra, Advs. versus UNION OF INDIA AND ORS. .....Respondents Through: Mr. Nirvikar Verma, SPC with Mr. Vinod Sawant, Law Officer; Insp. Athurv and Mr. Ramniwas Yadav, CRPF. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE AMIT MAHAJAN JUDGMENT ANIL KSHETARPAL, J. 1. The present Writ Petition under Article 226 of the Constitution of India has been filed by the Petitioners, who are the parents of late CT/Bug Bhim Singh, an employee of the 90 Battalion, Central Reserve Police Force [hereinafter referred to as „CRPF‟], assailing the correctness of Office Order dated 10.08.2017 passed by the Respondents, whereby the claim of Petitioners for grant of family pension to them, was declined. The Petition, in essence, questions the legality of the Respondents‟ action in continuing to disburse family pension in favour of Respondent No.6, the widow of the deceased Signature Not Verified W.P.(C) 11263/2023 Page 1 of 24 Signed By:JAI NARAYAN Signing Date:27.01.2026 15:09:26 employee, notwithstanding her remarriage. 2. In the course of assailing the rejection of their claim, the Petitioners have also laid challenge to the validity of Rule 54 of the Central Civil Services (Pension) Rules, 1972 [hereinafter referred to as „Rules‟] and Clause 8.6 of the Office Memorandum dated 02.09.2008, insofar as the said provisions permit a childless widow of a deceased government servant to continue to receive family pension even after remarriage, subject to the conditions stipulated therein. 3. The issues which a