Aanchal Agarwal –
Published on: August 28, 2021, at 14:00 IST
The High Court of Delhi denied a wife’s claim on family pension and other benefits from the CRPF after her husband’s death. The High Court stated that there has been a delay of 28 years in doing so.
The Bench comprising Justices Manmohan and Navin Chawla dismissed Birmati’s petition whose husband was declared a deserter by CRPF and was removed from duty in 1993.
The plea filed by the wife stated that a family pension should be given to her from the date her husband had been declared a deserter from CRPF and also interest @10% be given along with other benefits.
The Court while dismissing the petition stated that “The petitioner after a lapse of nearly twenty eight years of dismissal of service of her deceased husband cannot ask for family pension and other benefits along with interest.”
The Bench further added that “The present writ petition along with pending application is dismissed on the ground of latches”.
After hearing the arguments of both the parties and also going through all the records related to the matter, the Court observed that “Along with present writ petition no medical documents have been annexed in order to show that the petitioner was either suffering from prolonged illness or she has a deteriorating health.”
The Bench also referred to a previous Judgement by the Supreme Court in the case of UPPCL v. Ram Gopal in which it was held that the law favours those who are vigilant and not indolent.
The Court added that it has also been held by the Apex Court that repeated representations by a petitioner will not increase the period in which they can file a petition.
Click here to read/download the Judgement
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