VASUMATHY REDDY Vs. UNION OF INDIA UOI

JUDGEMENT

(1.) Pension and gratuity are no longer a bounty, they have become, in view of the decisions of the Supreme Court valuable rights and property. This valuable right cannot be just deprived to a claimant by the authorities by most innocuous orders by merely repeating the language employed in the provisions of Rules and Regulations. The Apex Court in the case of POONAMAL AND ORS. v. UNION OF INIDA AIR1985 SC 1196 , 1985 LablC950 , 1985 (1 )SCALE938 , (1985 )3 SCC345 , [1985 ]3 SCR1042 , 1985 (2 )SLJ128 (SC ), 1985 (17 )UJ1012 (SC ) pointed out as follows:

(2.) In the present case, we are not concerned with ordinary family pension but with Special Family Pension. This special pension is granted to family of servicemen, who die on account of the causes which are attributable to or aggravated by Military service. Since the claim was rejected by the authorities, petitioner, Smt. Vasumathy Reddy, widow of late Lt. Colonel G.S. Pitta, by this petition under Article 226 and 227 of the Constitution of India, seeks a writ of mandamus or any other suitable writ, direction or order against the respondents for grant of Special Family Pension in accordance with the revised rules of pension.

(3.) Facts giving rise to this petition are these : Petitioner's husband the late Lt. Col. G.S. Pitta was serving as a Commissioned Officer in the rank of Lieutenant Colonel in the Regular Army and at the time of his death, he was serving as Movement Control Officer, Coimbatore, on the staff of Embarkation Head Quarters, Madras, since July, 1987. Petitioner's husband died while he was under medical treatment in the Medical College Hospital, Coimbatore on 1st January, 1988 at the age of 45 only, in harness.