H IGH COURT OF UTTARAKH AND AT NAINITAL Mod ifica tion Ap p lica tion (MCC No. 365 of 20 12) In W r it Petition No. 8 38 of 20 0 8 (S/ S) Smt. Kunta Devi … Petitioner Vs. Union of India and others … Respondents Present : Mr. Shivanand Bhatt, Advocate holding brief of Mr. A.K. Sharma, Advocate for the petitioner/applicant. Mr. Vikas Pande, Standing Counsel for the Union of India. Hon’ble Sudhanshu Dhulia, J. (oral) 1. The petitioner being mother of late Ish Kumar, who was a constable in Indian Tibetan Boarder Police Force claimed family pension and other benefits on behalf of her deceased son, in the aforesaid writ petition. Her writ petition was allowed vide order dated 26.8.2011 as the liability was admitted by the respondents. 2. Now counsel for the petitioner has filed a modification application stating that there is no order of family pension and the same is liable to be included in the order dated 26.8.2011 passed by this Court. 3. Sri Vikas Pande, Advocate who is appearing for the Union of India has filed a reply to the modification application. The same is taken on record. In para 7, they admit the position that the petitioner is liable to be paid -2- the family pension. Para 7 of the reply to the modification application reads as under :- “7. That in reply to the contents of para No. 6 of the modification application it is submitted that the petitioner is entitled for the Family pension w.e.f. 4.12.2007. Pension paper in r/o Smt. Kunta Devi has been forwarded to Chief Administration Officer, Central Record office, ITBP, New Delhi vide this office L.No. 16285-87 dt. 17.10.12. (A copy of L.No. 16285- 87 dt. 17.10.12 is enclosed as R-II to this affidavit.” 4. In view of the above, modification application is allowed. The petitioner is also liable to be given family pension. Consequently, in order dated 26.8.2011, after the words “the amount of `1,50,200/- (90200 + 60000)” the words “and family pension along with the arrears” shall be read. 5. Registry is directed to incorporate necessary corrections within three days. 6. Modification application is disposed of accordingly. (Sudhanshu Dhulia, J.) 21.3.2013 Avneet