(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA) After approaching this Court earlier by way of Special Civil Application no. 2532 of 2011 and disposal of that petition on 14/3/2011 practically praying the same relief, the petitioner has again approached this Court on the basis that the petitioner is entitled to revision of family pension as she was already given family pension like other widows of Government Servant and has prayed to direct the respondent to make revision of family pension from 1/1/1996 and also under the 6th Pay Commission Recommendations. As clearly observed by Division Bench of this Court, the father of the petitioner was enrolled in the Army on 20/1/1944 and transferred to the reserve on 19/6/1955 and thereafter discharged from service on 10/3/1959. His widow had applied for payment of lumpsum amount of gratuity in lieu of Reservist Pension. The father of the petitioner passed away on 30/9/1999. Thereafter, his widow requested for grant of ex-gratia payment of family pension in terms of Government of India's letter dated 29/12/2000. Accordingly, she was granted ex- gratia family pension. Now the claim, which is pressed again is for payment of ex-gratia family pension at a higher rate in view of acceptance of recommendations of the 6th Pay Commission. However, learned Counsel clearly admitted inability to provide any material or basis for such claim. By way of a draft amendment, letter dated 7/1/1999 of the Government of India, Ministry of Defence was sought to be pressed into service. According to that letter, the amount of basic ex-gratia prior to 1/11/1997 was revised to consolidate basic amount of Rs. 605/- w.e.f. 1/11/1997. The benefit of that circular is admittedly granted to the petitioner's mother. Now for enhancement of the same benefit no legal basis or no documents is forthcoming, admittedly due to inability of the petitioner and his learned Counsel to find out such material. Under the circumstances, the prayer made in the petition amounts to a claim without any legal basis. Therefore, the petition is summarily dismissed.
(D.H.WAGHELA, J) (MOHINDER PAL, J) *asma Top