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Our conclusions on the three questions noted in the opening paragraph are that denial of Dearness Relief on pension/ family pension in cases of those ex-servicemen who got re-employment or whose dependent got employment is legal and just.
[See the full post at: Denial of Dearness Relief on pension/family pension in cases of those ex-servicemen who got re-employment or whose dependent got employment is legal and just (SC-08/12/1994)]Family pensioners are eligible to get Dearness Allowance only for one pension (either for Military Family Pension or for Transport Corporation Pension)
In T.N.ARASU POKKUVARATHU MADURAI THOZHILALAR SANGAM Vs. GOVT. OF TAMIL NADU reported in (2010) 8 MLJ 42, this Court in paragraph Nos. 26 and 27 has held as follows:
“26.Bearing the above said principles and payment of family pension to the widows of the pensioners being not a charity, and the pensioners were paid both military pension and service pension during their lifetime, the respondents are bound to pay family pension to the petitioners herein, even though they are receiving military family pension after the demise of the pensioners. However, the family pensioners are eligible to get Dearness Allowance only for one pension (either for Military Family Pension or for Transport Corporation Pension) in terms of the Supreme Court Judgments in Union of India v. G.Vasudevan Pillay (1995) 2 SCC 32 and in Haryana S.E.B., v. Azad Kaur (2000) 2 SCC 227: 2000-II-LLJ-665.
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