ANUSUA ROY Vs. UOI

JUDGEMENT

(1.) This writ petition has been filed by the widow of Late Colonel A.K. Roy who served with the Indian Army between 1974 to 1979, initially on Short Service Commission. Colonel A.K. Roy was released from service on 18th December, 1979 after a total service of 5 years and 87 days. Thereafter he was re-commissioned as Second Lieutenant in Territorial Army on 13th October, 1980 where he continued to serve till the age of his superannuation on 31st July, 2005. It is undisputed that Colonel A.K. Roy had rendered a total of 18 years 2 months and 18 days of embodied service.

(2.) Colonel Roy had developed some health problems for which he was treated but could not be completely cured and was placed in Low Medical Category P-3 (T X 24) temporarily and subsequently in category P-2 (permanent) with effect from July, 2003. In the year 2005, he was found suffering with Diabetes Mellitus type II and was again placed in low medical category. Colonel Roy was also diagnosed as suffering with primary hypertension. As the respondents denied Colonel Roy service pension as well as disability pension, he raised this issue before the respondents but his request was rejected by a communication dated 3rd June, 2008. It was held by the respondents that Col. Roy had not rendered pensionable service and therefore, not entitled to service pension. It was also held that both diseases were not attributable to military service and so he was not entitled to disability pension for this reason.

(3.) The respondents have contended that the husband of the petitioner did not pursue the matter further and expired on 18th January, 2010.