HARDAI Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner, Hardai was the wife of DafedarHar Chand. She filed the present writ petition seeking family pension. In the writpetition, there is no prayer for the grant of family pension from any particular date.According to the petitioner her husband joined the Army on 1.5.1911 and retiredon 16.11.1921; he was a Dafedar in Unit 7th Hariana Lancers. It is stated in the WritPetition that she was married to Harchand in the year 1920, prior to his dischargefrom the Army. On his retirement from the Army Harchand was getting a pensionof Rs. 9.00 per month (a considerable sum having regard to the then purchasingpower of the rupee). Harchand died on 14.11.1972. In the year 1977, a scheme wasintroduced for the payment of family pension for those who retired prior to the year1964. According to the petitioner, the minimum family pension was Rs. 196.00 in theyear 1977 which was increased to Rs. 375.00 per month w.e.f. 1.1.1986. Petitionersubmitted the necessary papers for the purpose of the grant of family pension toher. On 16.11.1987, petitioner was told (as per Annexure 'B') that her case wasbeing considered.

(2.) Petitioner has not stated in the writ petition as to when she submitted thepapers seeking the pension. She has filed a copy of her affidavit dated 12.3.1987wherein she gave the date of her marriage with Harchand as 21.2.1922. In view ofthis affidavit, her request for the grant of pension was turned down, because at thattime, no family pension was payable in the case of the Army Personnel whomarried after he retired from the service. Further, the factum of Harchand'smarriage was not noted in any of the relevant Army records. Accordingly, orderrejecting the claim of the petitioner for family pension was issued on 26.8.1987(Annexure 1). This was reiterated in another communication issued in September,1987, after the petitioner wrote back stating that her marriage was in the year 1920.Petitioner also filed another affidavit in this regard. In the writ petition also,petitioner has averred that her marriage with Harchand was .performed on21.2.1920 and they had a daughter born on 2.10.1921 and the date of the marriagewas wrongly typed as 21.2.1922 in the first affidavit filed before the authoritieswhile seeking the pension.

(3.) During the pendency of this writ petition petitioner died on 4.11.1988. Herlegal representatives came on record, thereafter.