SHASHI BALA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner herein is the widow of Corporal R. N. Singh (hereinafter referred to as the 'deceased' ). According to the averments made in the petition, the deceased served the Indian Air Force from 15. 3. 1962 to 23. 5. 1971. Thereafter he was in the Reserve Service from 25. 5. 1971 to 31. 3. 1977. The petitioner is claiming reservist pension for the deceased and family pension for herself after the demise of her husband, who expired on 16. 4. 1991.

(2.) BEFORE the entitlement of the deceased for reservist pension and that of the petitioner for family pension is considered, she has to cross a formidable hurdle which is coming her way, namely, abnormal laches and delays in filing the present petition.

(3.) AS mentioned above, even as per the averments made in the petition, the deceased was in Reserve Service till 31. 3. 1977. He died on 16. 4. 1991. During his lifetime, he was not given any reservist pension. Even when the petitioner's husband died on 16. 4. 1991, there was no attempt on the part of the petitioner to rake up the issue and as per the averments made in the petition she started corresponding with the respondents authorities with claim for family pension from March 2001 and filed the present petition in November 2006, which was listed for the first time for preliminary hearing on 16. 3. 2007 as between november 2006 and March 2007, the petition came under objections number of times, which were finally removed only in March 2007. There is, thus, a delay on the part of the petitioner in filing the present petition at three levels which are as under :-