LAWS(DLH)-1994-5-77

BACHAN KANWAR Vs. UNION OF INDIA

Decided On May 13, 1994
BACHAN KANWAR Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Rule D.B. By this writ petition, the petitioner seeks direction to the respondents to pay the Special Family Pen-sion including the arrears with effect from October 17,1953, the date of the death of her husband Naik Ram Singh and his disability pension from the date of discharge from military service viz. March 1, 1944 to October 17,1953

(2.) The facts on the basis of which the petitioner claims relief are as under: 547 The petitioner claims to be the wife of late Naik Ram Singh, who was enrolled in Sedul Light Infantry on August 10,1939. He was posted on active service to Iraq, for which purpose he embarked from India on October 21, 1941 and disembarked at Iraq on October 27,1941. He served at Zubair, Shaiba and other field areas from January 10,1942 onwards. During the course of active service in field areas at the aforesaid places, the petitioner's husband was struck with Pleurisy. As a result of this he was evacuated from Iraq on September 17,1943 and admitted in Indian Base General Hospital, Kirkee (Maharashtra) India. Since he was inflicted by Pleurisy he was prematurely discharged from the army on March 1, 1944 and ultimately died on October 17,1953. After his premature discharge he was not paid any disability pension. Even no family pension was paid to the petitioner after his death. On February 2,1993, the petitioner addressed a Petition to the President of India for seeking Special Family Pension including arrears with effect from October 17,1953 and dues on account of the disability pension from March 1, 1944 to October 17,1953 alongwith interest @ 19% (Annexure P-3 to the writ petition). Thereupon respondent No.3, Officer In charge Records, Rajput Regiment, Fatehgarh vide his letter dated December 27,1993 asked for further details from the petitioner. The petitioner in response thereto on January 10,1994 furnished the requisite information. Thereafter the petitioner did not hear anything from the respondents which led to the filing of the present petition under Article 226 of the Constitution.

(3.) Learned counsel Mr.B.P.Ohja, appearing for the petitioner submitted that the petitioner's husband was entitled to disability pension from March 1, 1944 to October 17,1953 under Regulation No. 173 of the Pension Regulations for the Army Part 1,1961 (Reproduction of 1940 edition) read with Appendix II thereto.