BASHIRAM Vs. U O I

JUDGEMENT

(1.) The petitioner in this writ petition is the mother of a deceased soldier late Fx-Rfn. Kadar Khan seeking quashing of orders dated 28th March, 2002 and 14th March, 2002 passed by the Army Group Insurance Scheme(Respondent No. 5 in the present petition) informing her that the insurance benefits available to her son, the deceased soldier, would be released in favour of his widow in the event that the petitioner was unable to produce any orders in her favour of stay from a court of law.

(2.) The facts giving rise to the present petition briefly stated are that the late Ex-Rfn. Kadar Khan was married to one Smt. Murshida Parveen (Respondent No. 6) on 19th June, 2000 as per Muslim law and customs. Late Ex-Rfn. Kadar Khan was enrolled in the Indian Army on the 27th July, 1998 having been allotted service No. 2845517 and was posted with 15 Rajputana Rifles. Late Ex-Rfn. Kadar Khan had proceeded for his leave on the 20th August, 2001. According to the petitioner, the relations of the deceased with respondent No. 6 were estranged and that she took her husband to her parents house in Village Budhana on the 27th September, 2001. It is further alleged that late Ex-Rfn. Kadar Khan died that night after taking his dinner and that the death was in suspicious circumstances. Despite intimation to the police and representations(under Section 26 of the Army Act) to the respondents No. 1-5, they were not granting or releasing the terminal benefits to which heirs of late Ex-Rfn. Kadar Khan was entitled. These benefits included the ordinary family pension payable by respondent nos. 1 to 4 and the Army Group Insurance payable by respondent No. 5. On the contrary the respondent No. 5 vide letter dated 28th March, 2002 had informed the petitioner to produce a stay order from a court of law failing which the entire benefits would be released in favour of the widow. This was reiterated in its letter dated 14th May, 2002. It is further submitted that on 4th March, 2002 a female child was born from the wedlock of late Ex-Rfn. Kadar Khan and Smt Murshida Parveen, respondent No. 6. The petitioner claims that as she was the mother of the deceased and that the death of late Ex-Rfn. Kadar Khan had taken place in suspicious circumstances, therefore, the widow was not entitled to the family pension or the army group insurance and that the petitioner was entitled to the same. It is also contended that the parents of the deceased were dependent on him and for this reason as well they were entitled to grant and disbursement of the terminal benefits in their favour.

(3.) The respondent No. 6 Murshida Parveen has vehementally disputed the factual narration of facts. Apart from reliance On the nominations made by her deceased husband late Ex-Rfn. Kadar Khan and the rules applicable to grant of family pension as well as the policy under which group insurances was awarded, it is contended by her that late Ex- Rfn. Kadar Khan had not expired because of any fault on her part. It has been averred that on 27th September, 2001, late Ex-Rfn. Kadar Khan had gone to visit his cousin brother one Sh. Hazi Iqbal who was living in Village Shahpur. Some incident took place while the deceased was at his cousin's house and they were taking meals. It is stated by her that her father was informed about late Sh. Kadar Khan having been taken ill by the aforesaid Sh. Hazi Iqbal atabout 11.45 p.m. in the night. The respondent No. 6 alongwith her father had rushed to the Village Shahpur on getting the message but had accosted the said Sh. Jqbal and his mother with some other persons as well as her husband enroute only. At their instance, the respondent No. 6 and her father were asked to accompany them to Village Tikri to which late Ex-Rfn. Kadar Khan belongs on the pretext that the parents of the deceased would accompany the party to the hospital. It was only after they reached the family home at Village Tikri that the respondent No. 6 was told that Late Ex-Rfn. Kadar Khan had expired at Village Shahpur itself. The respondent No. 6 further submitted that no allegations were made by Sh. Jamaluddin, father of late Ex-Rfn. Kadar Khan or his brother in their communications dated 29th September, 2001 & 30th September, 2001 to the police.