KIRAN DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) In terms of earlier orders passed, costs of Rs.5,000/- is handed over by learned counsel for the respondent to counsel for the petitioner today in the Court.

(2.) The husband of the petitioner (hereinafter referred to as 'the deceased') was enrolled in Army (Artillery) on 28.8.1982. He was found dead on 18.5.1997 in the unit line. A court of inquiry was held to ascertain the cause of his death.

(3.) A perusal of the judgment dated 15.1.2002 passed in WP (C) No. 3845/2000 would show that after the death of her husband, after 1.1.1996, the petitioner had preferred claim before the Controller of Defence Accounts (Pension), Allahabad for special family pension. When the said claim was rejected by the authorities, the petitioner made a prayer in the aforesaid writ petition for payment of special family pension which was predicated on the plea that the death was 'attributable to military service'. After this claim of the petitioner has been accepted and she is in receipt of special family pension, we agree with the contention of the respondents that the present petition is barred by the principles of constructive res judicata. The petitioner was aware of the circumstances under which the death occurred but on that basis she preferred the claim for special family pension alone. It is not in dispute that a widow like the petitioner would not have claimed both the benefits, viz. special family pension as well as liberalized family pension, and could lay her claim on one type of pension alone. The learned Single Judge in its judgment discussed the provisions of special family pension with reference to case law, and concluded that the petitioner would be entitled to special family pension. Relevant portion of the said judgment, in this behalf, is quoted below :-