2025:UHC:8772 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS 1224/2023 Hon’ble Manoj Kumar Tiwari, J. Mr. TPS Takuli, Advocate, for the petitioner. Mr. DCS Rawat, Central Govt. Standing Counsel, for the Union of India. (2) According to petitioner, her husband retired from Kumaon Regiment of Indian Army after serving 8 years 9 months and 19 days and he thereafter was appointed in Border Security Force, where he served for little more than 10 years between 1967 to 1977. Since petitioner’s husband died on 9.7.1997, therefore, petitioner filed this writ petition seeking direction to the authorities to release dual family pension to her. (3) Mr. DCS Rawat, learned Counsel appearing for the Union of India, has produced in the Court Office Memorandum dated 26.1.2019, issued by Department of Pension and Pensioners Welfare, Government of India, which is taken on record. Para 2 of the said office memorandum is extracted below: “2. Vide this Department’s Notification No. G.S.R. 938(E) dated 27.12.2012, sub-rule 13A and 13B of Rule 54, prohibiting two family pension, have been deleted. Subsequently, vide OM No. 1/33/2012-P&PW(E) dated 16.1.2013, two family pensions have been allowed in the event of death of a re-employed pensioner, in service or after retirement. The financial benefits for the past cases however is with effect from 24th September 2012. Thus under CCS (Pension) Rules, two family pensions are admissible with effect from 24th September 2012.” 2025:UHC:8772 (4) Mr. DCS Rawat thus submits that the relief as claimed do not survive, as petitioner has been sanctioned dual family pension with effect from the admissible date. (5) Mr. TPS Takuli submits that dual family pension was sanctioned to the petitioner only for the period 2012 to 2025, even though petitioner has become eligible for such pension from 1997, when her husband passed away. Therefore, petitioner be given liberty to approach the appropriate forum for claiming dual family pension w.e.f. 1997. (6) In view of the aforesaid, writ petition is disposed of with liberty to the petitioner to approach appropriate forum for claiming dual family pension from the date her husband passed away, if so advised. (Manoj Kumar Tiwari, J.) 26.9.2025 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2025.09.26 19:06:38 +05'30' 2025:UHC:8772