IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11335 of 2008 USHA DEVI JHA @ USHA DEVI wife of Late Kamlakar Jha, and mother of deceased Constable, Ratnakar Jha, Central Reserve Police Force, 23, Batalion, Firojpur, Punjab and son of Late Kamlakar Jha, resident of village- Sabour, P.S.- Sabour District- Bhagalpur. Versus 1. THE UNION OF INDIA through Director General Central Reserve Police Force, C.G.O. Complex, Lodi Road, New Delhi. 2. The Additional Deputy Inspector General of Police, Group Centre, Central Reserve Police Force, Imphal (Manipur) 3. The Commandant, 23, Batalion, Central Reserve Police Force, Firojpur (Punjab) ----------- For the petitioner : Mr. Amar Nath Mishra, Advocate For the Union of India : Mr. Sudhir Singh, Astt. SC 3 01.04.2009 Heard learned counsel for the petitioner and the State. In this writ application the claim of the petitioner is for payment of family pension after the death of her son who was a Constable in the Central Reserve Police Force. Petitioner is the mother of the deceased and had earlier approached this Court for the same through a writ petition vide C.W.J.C. No. 16554 of 2004 disposed of on 11.05.2007, as contained in Annexure-12 to the writ application. On perusal of the said order it appears that during hearing stand taken by the respondent Union of India was that the mother of the petitioner was never dependent on the service holder, and as such, she is not entitled to any family pension. The writ application was - 2 - disposed of with a direction to the Additional Deputy Director General of Police, respondent no.2, to consider the case of the petitioner for grant of family pension and pass appropriate order in accordance with law within a period of sixty days from the date of receipt/production of the certified copy of the said order. It was also made clear that if family pension is allowed to the petitioner, then its arrear must be released within the same period with statutory interest. It is submitted on behalf of the petitioner that the pursuant to the order of this Court the respondent issued the office order dated 7th of March, 2008 (Annexure-13). In the said office order the claim of the petitioner was virtually rejected on the ground that there is no valid proof about the dependency of the parents was on the record and secondly that the deceased had died leaving behind his wife who of course died within a period of two months from the date of death of her husband, and as such, petitioner, who is the mother, is not entitled for the same. A counter affidavit has been filed on behalf of the respondent-Union of India. In the counter affidavit the stand is that the petitioner did not file the documents/certificate claiming is dependency on the deceased. The dependency - 3 - certificate, if any, is acceptable provided it is issued by the concerned Sub-Divisional Magistrate/District Magistrate in the prescribed format. The same having not done, the petitioner was rightly not sanctioned the family pension. A rejoinder has been filed on behalf of the petitioner. In the rejoinder the petitioner has brought a certified issued by the Circle Officer, Sabour, Bhagalpur, which was counter signed by the Sub-Divisional Officer, Sadar, Bhagalpur. Considering the submissions of the parties and their respective pleadings and the documents annexed therewith, it appears that the petitioner’s claim of dependency is being supported by the Certificate issued by the Circle Officer, however that was counter signed but not in the prescribed format and that too the certificate of dependency under the rule is to be issued by the concerned Sub-Divisional Magistrate/District Magistrate. Therefore the only question arises with regard to satisfaction of the dependency certificate. In the given circumstances, the petitioner will be at liberty to file a fresh application along with the dependency certificate issued by the concerned Sub- Divisional Magistrate/ District- Magistrate in the prescribed format within a period of three months. The - 4 - respondent no.2 on receipt of such application/representation along with the dependency certificate in the prescribed format issued by the competent authority i.e. Sub-Divisional Magistrate/District Magistrate, shall consider and dispose of the same in accordance with law expeditiously preferably within a period of six months on receipt of such representation. It is needless to say that if the claim of payment of family pension is accepted, the amount payable shall be paid without delay within a period of four weeks thereafter along with statutory interest from the date the amount becomes payable. The writ application is, accordingly, disposed of with the above observations/directions. Manish/- ( Shailesh Kumar Sinha,J.)