H DAWNGI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr A.R. Malhotra, learned counsel for the petitioner as well as Mr B. Sharma, learned Addl. CGSC appearing on behalf of the respondents.

(2.) Petitioner's husband, Hav. Dila Ram Gurung joined the service of Assam Rifles on 9.11. 1935, retired from service on 1.5.1957 and subsequently died on 25.1.1986. Petitioner got married to Dilaram Gurung in the year 1941. After retirement, petitioner's husband was enjoying his retiral benefits including his monthly pension vide PPO No. CAR-17233; but on his death, petitioner approached the Assam Rifles authority for allowing her to receive family pension, however her request was rejected under letter dated 25.9.86 (Annexure-IV) which reads as follows:

(3.) Consequently, petitioner approached the Zila Sainik Board, Aizawl District, Mizoram with no avail, thereafter she approached the Subordinate District Council Court, Aizawl which after adjudicating the matter, issued Heirship Certificate No. 535 of 1994 under order dated 28.11.94.