ORDER
Shanker Raju, Member (J)
1. Heard the learned Counsel for the parties.
2. The only impediment in release of family pension to the widow is that she has re-married, as transpired on information by the official respondents by the mother of the deceased railway servant. As we know that to disentitle a valid legal claim where the right of family pension is bestowed upon the widow of the deceased employee under the CCS (Pension) Rules, 1972, this right can be curtailed only when it is established through evidence that the widow has re-married.
3. In such view of the matter, mere information without any proof by the mother is not a valid piece of material to impede the right of family pension of widow. However, keeping in view the welfare of the minor child, this OA stands disposed of with direction to the applicant that in the event an affidavit is filed as to denial of re-marriage by the widow, the matter would be processed seeking comments from the mother of the deceased employee and in the event no proof of re-marriage is available, then the case for family pension be processed along with other retiral benefits, as prayed for in the OA. This shall be done within a period of three months from the date of taking final decision by the respondents. No costs.