NIRMALA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner, Nirmala Devi has approached this Court under Article 226 of the Constitution of India praying for a direction to the respondents to grant and pay her the special family pension with effect from 2.7.1998, when her husband died in a road accident.

(2.) Late Nb.-Subedar Sh. Bhagwan was enrolled in the Indian Army as a Sepoy on 13.11.1975 and was awarded service no. JC-260422Y. Because of his hard work and distinguished service he was promoted to the rank of Nb. Subedar. In the year 1998, he was posted to 226 Medical Regiment, and was attached with the Delhi Cantt. Transit Camp. It is the case of the petitioner that her husband was sanctioned one day casual leave on 2.7.1998. However, unfortunately on that day he met with a road accident and suffered a head injury which ultimately resulted in his death. On 4.9.1998, the respondents issued an identity-card no. HRA 19-007 to the petitioner with the following remarks in column 10 under the Heading : Documents Verified Card No. W/243, dated 04.09.98, where it was mentioned that "Attributability to military service or otherwise : Not decided yet by Pension Sanctioning Authority." Thereafter, after a lapse of considerable time the respondents issued an order granting the ordinary family pension to the petitioner, who was the wife of the deceased, @ Rs.2810/- per month with effect from 3.7.1998 to 2.7.2005 and from 3.7.2005 @ Rs.1686/- per month till widowhood of the petitioner. The petitioner had been approaching the respondents for all this period to consider and finalise the case of the petitioner for grant of special family pension but this request was not acceded to and vide their order dated 24.1.2005 the respondents informed the petitioner that her appeal against the order of rejection of Special Family Pension w.r.t. Sh. Bhagwan who died on 2.7.1998 was being forwarded for necessary action. It is the case of the petitioner that her case for grant of Special Family Pension has not been finalized so far, giving rise to filing of the present writ petition.

(3.) According to the petitioner her husband died while 'on duty' being 'on casual leave' in accordance with the Leave Rules and death of the deceased was attributable to the military service and, hence, she was entitled to receive the Special Family Pension. In support of her contention she also placed reliance upon the judgments of the Supreme Court in the case of Joginder Singh (L/Dafadar) vs. Union of India and Ors. 1996 (2) SLR 49 [: 1995 (3) SCC 232]. Reliance was also placed on the case of Banso Devi vs. Union of India 2002 Vol. 1 FLJ 582.