THANKAMMA K. Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ petition is filed challenging the order of the Armed Forces Tribunal, Regional Bench, Kochi (for short, "the Tribunal") dtd. 3/3/2023.

(2.) The petitioner, the applicant in OA No.214 of 2019, is the widow of late Sepoy V.K.Krishnan Nair, who was a World War participant. The petitioner also filed MA No.296 of 2019 in OA No.214 of 2019 before the Tribunal to condone the delay of more than 29 years from the date of death of the petitioner's husband till the date of filing the original application, which was also dismissed by the Tribunal by the impugned order.

(3.) The petitioner's husband enrolled in the Army on 5/7/1941 and was discharged from service on 4/12/1946, who expired on 29/8/1989. In recognition of the war service and the service abroad, the petitioner's husband was awarded 1939-45 Star, Burma star and war medal. At the time of discharge, he was disabled due to primary hypertension and Ischemic Heart Disease and was not granted service pension due to non completion of 15 years of service. He was also not granted disability pension as he was released on demobilization. Challenging this, the petitioner approached the Tribunal for redressal of her grievance. The Tribunal considered the matter in detail and dismissed the original application as well as the application for condoning the delay in filing the original application, as not maintainable, citing that the relief sought for in the original application does not fall under "service matters" as defined under Sec. 3(o) of the Armed Forces Tribunal Act, 2007 (for short, "the Act"). Aggrieved by this, the petitioner has approached this Court.