CWP No.7131 of 2007 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP NO.7131 OF 2007 DATE OF DECISION: 28-03-2008 Smt.Santra Devi .....PETITIONER VERSUS Union of India and others .....RESPONDENTS CORAM:- HON'BLE MR.JUSTICE HEMANT GUPTA HON'BLE MR.JUSTICE MOHINDER PAL PRESENT: Mr.Surinder Sheoran, Advocate for the petitioner. Ms. Ranjana Shahi, Central Govt. Standing Counsel for the respondents. HEMANT GUPTA, J. The petitioner has invoked the writ jurisdiction of this Court for quashing orders dated 25.06.1996 and 12.10.2003 whereby claim of special family pension of the petitioner was rejected. Jage Ram, husband of the petitioner died on 13.11.1995 on account of Obstructive Jaundice. The petitioner claimed special family pension on account of death of her husband. The claim of special family pension was declined vide communication dated 25.06.1996. Liberty was given to the petitioner to file appeal against the said decision within six months. The petitioner relies upon communication Annexure P3 dated 12.10.2003. The said communication is inter-departmental communication sent by Jat Regiment Abhilekh Karyalaya to the Director General of CWP No.7131 of 2007 2 Infentry, New Delhi wherein it is mentioned that the petitioner has been granted ordinary family pension vide PPO dated 04.07.1996. Therefore, no more revision is required in her case. It was thereafter the petitioner filed an appeal on 25.07.2006. Today, learned counsel for the respondents has pointed out that appeal filed by the petitioner has been accepted and the petitioner has been granted special family pension w.e.f. 26.07.2003 i.e. 3 years prior to date of appeal, as admissible under the Rules. Learned counsel for the petitioner contends that the petitioner is entitled to special family pension from the date of death of her husband and the respondents are unjustified in restricting the benefit of special family pension for a period of 3 years prior to the date of appeal. The Hon'ble Supreme Court in Shiv Dass Vs. Union of India and others, AIR 2007 SC 1330 has examined the question of delay in approaching the Court in the matter of pension. It has been held therein that it is fair and reasonable to restrict the payment of pensionary benefits for a period of 3 years before the date the aggrieved person approached the Court. In view of the principles laid down in the aforesaid judgment, the grant of special family pension and restricting for a period of 3 years prior to the date of appeal cannot be said to be unjust, which may warrant any interference by this Court in its writ jurisdiction. Dismissed. (HEMANT GUPTA) JUDGE ( MOHINDER PAL ) March 28, 2008 JUDGE jt