Complainant was seeking for her deceased husband’s pension who was serving in the Boarder Security Force (BSF) as a constable till 2015. She was the sole legal heir as her husband’s parents were no more and the
couple did not have children. The petitioner’s application to the commanding officer for sanctioning the
release of the family pension came to be rejected on the ground that her
name was not found in the pension records of the deceased. However, the High Court rejected this reasoning while stating that the respondents’ stand was nothing but frivolous and without any legal basis.
In the matter of Sonika Sharma vs Union of India, Justice Rahul Bharti held that family pension is a right under law which can be taken away only if permitted by the law. “There is not even a single provision of law quoted in the reply/objections by the respondents as to on what basis the respondents are enabling
themselves to deny the petitioner her claim for sanction and grant of family pension,” the single-judge reasoned.”

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