KANAK DEVI PANDEY Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner, widow of one late Bhagabah Pandey, an ex -Serviceman of the Indian Army, has approached this Court being aggrieved by the inaction of the opposite party authorities in sanctioning and disbursing service pension to her deceased husband and communicating the same to her deceased husband as per letter dated 7th November, 1996, vide Annexure -1 to the Writ Application. The petitioner has prayed to quash the said communication Annexure -1 and direct the opposite party authorities to sanction and disburse pension payable to her deceased husband besides other consequential benefits at par with other pensioners.

(2.) ACCORDING to the petitioner her deceased husband Bhagaban Pandey was enrolled as a Gunner (Cook Special) in the Army medical Corps on 6th December, 1944 and he worked as such till 18th march 56 when he was discharged. Thereafter once again he was enrolled in the Regiment of Artillery on 17th September, 1958 as a Cook Special (Non -Combatant) and served the Army till 21st August, 1961 when he was discharged. According to the petitioner, her husband had rendered a total service of about 18 years and he was entitled to receive pension. It is averred that from the communication Annexure -1 it is revealed that the authorities have only taken into consideration the period of service from 28th September, 1958 till 30th July, 1964 rendered by her deceased husband and denied him service pension on the ground that he had served the Army only for 5 years 10 months and 16 days and that the minimum qualifying service required to earn service pension is 15 years which he did not have. The communication Annexure -1 is mainly assailed on the aforesaid ground.

(3.) I have heard Learned Counsel for the parties at length and have perused the documents annexed to the Writ Application and other documents available on record meticulously. The averment made by the petitioner that her deceased husband was enrolled in the Indian Army for different spans and he had served from 6th December, 1944 to 18th march 1956 and there after again from 28th February, 1961 to 30th July, 1964, thus for a total period 18 years is not disputed in the counter -affidavit. The question that needs determination in this Writ Application is whether the deceased husband of the petitioner who had served the Indian Army for more than 17 years was eligible to receive pension and/or other retirement benefits. The impugned communication Annexure -1 clearly stipulates that the minimum qualifying service required to be rendered to earn service pension is 15 years and therefore the deceased husband of the petitioner was not entitled to receive pension.