GOVERNMENT OF INDIA Vs. PACHAMMAL

JUDGEMENT

(1.) THIS matter was argued in full on the last date of hearing viz., 29.01.2009.

(2.) THE respondent is the wife of Sepoy Munusamy No.1283657, who died on 11.06.1973. He was enrolled in the Indian Army on 13.12.1965, after duly undergoing all the tests. He was found physically and medically fit until 22.05.1970. On 23.05.1970, he was admitted to Military Hospital, Panagarh and he was diagnosed as Obstructive Jaundice. He was transferred to Command Hospital, Calcutta for re-categorisation. THE Command Hospital discharged him on 17.06.1970, placing him in the low medical category CEE temporarily for one year. He was discharged from Army Service with effect from 12.12.1970, vide Disability Certificate No.134700 dated 25.03.1971. On that date, he had completed 4 years and 364 days service. THE claim of the husband of the respondent for disability pension did not yield result. He died on 11.06.1973, leaving behind him surviving the respondent herein, a disabled son and unmarried daughters. He was not paid pension during his life time, after discharge and no family pension was also paid to him. According to the respondent, as per the procedure available in the Army, he ought to have been reviewed by the Medical Board on completion of one year period and if he had been upgraded, he would have been taken back to the main stream. On the other hand, if he was downgraded, the Medical Board could have been recommended for disability pension based on his disability. Since he was not reviewed, the husband of the respondent was neither recommended for disability pension nor was he observed in the main stream. THE respondent's case is that, to cover up the lapses of the authorities, her husband was hastily discharged and the disability pension, to which he was entitled to, was denied to him. During his life time, her husband appealed to various authorities and his application for disability pension was forwarded by Army authorities, vide Memo dated 07.09.1972, but yet pension was not granted. THE respondent had been appealing to various authorities and she was only able to get meagre sums of money as financial assistance from Army Welfare Funds, vide Artillery Records, Nasik Road Camp letter No.1283657/FP/D-iv/NB, dated 09.08.1986. Her last appeal is dated 15.04.1995. Having no other recourse, she filed Writ Petition No.3767 of 2001, for mandamus to pay a compensation of Rs.10 lakhs for causing the death of her husband on account of premature discharge and to award disability pension.

(3.) THE learned counsel for the Central Government Standing Counsel submitted that the writ petition must fail on the ground of latches and that the writ petitioner viz., the respondent herein does not satisfy any of the criterion for grant of pension. No records have been produced that the deceased had suffered on account of the army service condition. On the other hand, the records only disclosed that he was discharged as his services were no longer required and not on medical grounds. It was submitted that without any record, the learned single Judge had come to the conclusion that the death of Munusamy was due to medical disability.