A division bench of Justice Anoop Mohta and Justice Nitin Jamdar passed the direction after they heard a public interest litigation filed in September 2013 by activist Ketan Tirodkar relying on a report in The Times of India. His petition said the news report stated that the Centre has amended the All India Services (Death-cum-Retirement Benefits) Rules 1958 to provide for a share in the pension to children of illegally wedded wives of the officers of Indian Administrative Service, Indian Police Service and the Indian Forests Service. Tirodkar urged the court to direct that the amended rules be made applicable to such children of government employees at all levels of the Centre and state.
When the matter came up for hearing on November 27, the judges questioned the advocates of the Centre and state whether the scheme is implemented. The advocates replied that they are not aware and will have to take instructions.
Tirodkar submitted that pension has already started flowing under the scheme.
However the judges said they cannot rely on media reports.
They directed Tirodkar to place on record the circular in question as the petition is based upon media report only. Granting him time to amend the petition, they posted the next hearing on December 11.
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