PINKI DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule.

(2.) Husband of the petitioner joined, Indian Army as Sepoy after he was declared medically fit in all respects. He was posted at Kashmir Boarder in the Year 1984-86. There he performed his duties to the satisfaction of the respondent. In 1986-87 he was transferred to Bareilly. During the period from November, 1983 till October, 1987 petitioner's husband did not suffer from any disability nor fell sick nor he was admitted to any military hospital. In November 1987 Petitioner's husband was sent to Sri Lanka as part of Indian Peace Keeping Force (in short IPKF). At the time of sending him to Jafna at Sri Lanka he was medically examined. The Medical Board declared him fit in all respects to carry out orduous duties at Jafna in Sri Lanka.

(3.) While being part of IPKF on 22nd February, 1988, the petitioner's husband fell sick. He was admitted in a local hospital. Thereafter he was shifted to Military Hospital at Madras. The said hospital in turn shifted the deceased to Military Hospital at Secunderabad (A.P.) on 20th March, 1988. On 11th April, 1988, the petitioner's husband was shifted to Poona where medical treatment by the hospital authorities at Poona was given till 22nd May, 1988. On 23rd May, 1988 the deceased was shifted back to Military Hospital at Secunderabad. The Medical Board at Secunderabad declared him unfit for retention in Army. His disability was assessed but it was stated that it was not attributable to military service. The Medical Board opinion was not supplied to deceased husband of the petitioner, hence he could not contest the finding of the said Medical Board during his life time. Deceased husband of the petitioner, however, submitted an appeal in August, 1988 to the competent authority for the grant of disability pension. The same was rejected. On 15th January, 1993 the husband of the petitioner died leaving behind the petitioner and three minor children. The petitioner, approached the competent authority for disability pension. Her appeal has also been rejected, hence this present petition.