Family Pension -- Entitlement of Widow -- Arises from date of death of husband, not date of approaching Tribunal
(i) Constitution of India, Art.21 -- Family Pension -- Entitlement of Widow -- Arises from date of death of husband, not date of approaching Tribunal -- Family pension is a valuable right and not a bounty, and a widow's entitlement to it arises from the date of death of her husband. It is the employer's obligation to compute and offer family pension without driving the widow to litigation, and denial of the benefit amounts to a violation of the right to life. (ii) General Principle -- Family Pension -- Restriction of Arrears to Three Years -- Not applicable where delay not attributable to widow -- The principle restricting arrears for recurring wrongs to three years prior to filing does not apply to a widow's claim for family pension where the delay in claiming the benefit resulted from circumstances beyond her control, such as an erroneous dismissal of her deceased husband after his death and discrepancies in the recorded date of death necessitating civil litigation.
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