PARWATI DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri P. S. Bohara, the learned counsel for the petitioner, Sri J. P. Joshi, the learned Chief Standing Counsel appearing for the Treasury Officer respondent no.3, Sri Ashish Joshi, the learned counsel for the State Bank of India respondent no.4 and Sri V. B. S. Negi, the learned counsel for the respondent nos.1 & 2.

(2.) A widow of a soldier in the Indian Army has knocked the doors of the High Court seeking a writ of mandamus commanding the respondents to release the ex-gratia amount plus compound interest @ 13 percent per annum pursuant to the Personal Pension Order No.F/BC/13/87 dated 30th August, 1986 / 21st January, 1987.

(3.) The facts leading to the filing of the writ petition is, that the petitioner's husband Tika Singh, a Sepoy in the Kumaon Regiment was killed in action on 22nd March, 1986. The office of Controller of Defence Account (Pension), Allahabad issued a Personal Pension Order (P.P.O.) dated 30th August, 1986 / 21st January, 1987 with respect to the payment of family pension to the petitioner. Apart from the payment of family pension, it was directed that a sum of Rs. One lakh towards ex- gratia awarded by the Government of India was also to be paid to the petitioner and her father-in-law. The pensionary authority directed the Treasury Officer, Pithoragarh to pay a sum of Rs.11,354/- in cash to the petitioner and that the balance amount of Rs.55,000/- and Rs.25,000/- would be deposited in a nationalised bank of the choice of claimant for a minimum period of 63 months. The relevant clause on which this entire petition revolves is contained in clause N of the P.P.O. dated 30th August, 1986 / 21st January, 1987. For facility, the said portion is extracted hereunder:-