The counsel for the petitioner Smt. Anita has laid considerable emphasis on Rule 54(8) of the CCS (Pension) Rules which bars payment of pension to more than one member of the family at the same time except in the situations provided for in Sub-rule (7) of Rule 54. Undoubtedly the situation as is arising in the present case is not covered by Sub-rule (7) of Rule 54. However Sub-rule (7) of Rule 54 does contemplate children from different wives and provides for payment of separate pension to them.
Though the Apex Court in Rameshwari Devi has not discussed the said Rules but I am of the opinion that the Sub-rule (7) of Rule 54, in the light of the dicta of the Supreme Court cannot be given a restricted meaning and the bar in Sub-rule (8) of Rule 54 to payment of pension to more than one member of the family cannot be interpreted so as to defeat the provisions of other laws i.e. Section 16 of the Hindu Marriage Act.
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 30th July, 2012
REVIEW PETITION NO.290/2011 IN W.P.(C) NO.8241/2009
SMT. ANITA V UNION OF INDIA
CORAM :- MR. JUSTICE RAJIV SAHAI ENDLAW
Citation;III(2012)DMC412;192 (2012) DLT449
