1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIGINAL SIDE SUO MOTTO WRIT PETITION NO.1113 OF 1988 Miss Dina Mavji Maru Petitioner vs. 1. The Union of India 2. The Controller of Defence Accounts. (Pensions) Allahabad. Respondents None for the petitioner. Mr.Y.R.Mishra for the respondents. CORAM : R. M. LODHA & J.P. DEVADHAR,JJ. DATED : 9th June 2005 ORAL JUDGMENT (Per R.M. Lodha,J.) This writ petition was registered suo motu on the basis of the letter sent by Dina Mavji Maru addressed to one of the Judges of this Court claiming pension under the New Family Pension Scheme as minor and unmarried daughter. 2. The petitioner’s mother Smt.Hiroo Mavji Maru was serving in INSH ASHVINI as a female sweeper. She died on 11th February 1971 while in service. After her death, the family pension was granted in favour of her husband Mavji Khoda Maru with effect from 12th February 1971. Mavji Khoda Maru died on 6th November 1985. The petitioner, being the daughter of the deceased, claimed 2 family pension. In the reply affidavit filed by Mohd. Mumtaz Ahmad, Assistant Controller of Defence Accountants, the petitioner’s entitlement to the family pension scheme is not questioned. What is stated in the reply affidavit is that the family pension scheme is sanctioned on the receipt of the pension claim through the Head of the Office where the deceased person on whose account the pension is to be notified. The reply affidavit further indicates that the Commanding Officer, INHS Ashwini, Bombay was asked for further action for initiation of petitioner’s claim on the prescribed form. It is further stated in the reply affidavit that the award of the family pension, if admissible, shall be notified. 3. The petitioner is not present nor anybody appears on her behalf. 4. Mr.Y.R.Mishra, the learned counsel for the respondent has no instructions. He prays for time, but we find no justifiable ground to adjourn the matter like this which is pending for about 17 years. 5. In all probability, during the pendency of the writ petition, the award of family pension to the petitioner must have made to the extent it was admissible. At the time the writ petition was registered, the petitioner 3 was about 17 years old and was unmarried. During the pendency of the writ petition, obviously she has become major and may have been married. In this view of the matter, no further order needs to be passed in the writ petition. It is disposed of accordingly. 6. Rule is discharged. No costs. (R.M. (R.M. (R.M. LODHA,J.) LODHA,J.) LODHA,J.) (J.P. (J.P. (J.P. DEVADHAR,J.) DEVADHAR,J.) DEVADHAR,J.)