(1.) THIS is an application under article 226 of the Constitution of India filed by the petitioner for directing the Union of india and other authorities to release to her the family pension etc. in respect of the deceased Assam Regiment Personnel.
(2.) I have heard Mr. D. K. Thapa, the learned counsel for the petitioner and Mr. P. Dey, the learned Central Government counsel, appearing for the Union of India and other authorities. None appeared for the respondent No. 7 despite proper service of notice upon him.
(3.) SHORN of unnecessary details, the case of the petitioner is that she is legally married wife of the late Joshua P. Dailova, who was a Sepoy bearing registration No. 4361900 in the 15th Assam Regiment and who died on 5-5-1998 while performing duty in "operation Meghdoot" in Jammu and kashmir. According to the petitioner, after the death of her deceased husband, she was turned out from her matrimonial home by her father-in-law. , namely, Kaibuaia Mizo, (the respondent No. 7 herein), whereupon she had to take shelter at her parental house at Madanriting, Shillong. It is pleaded by the petitioner that the deceased had made her as his nominee in his service record and that after his death, she was paid some amounts by the respondent No. 2 by way of interim payment, but the larger sums payable to her including the family pension of her husband was denied to her. It is further pleaded that the respondent No. 7 had instituted Original (Declaration) Suit No. 4 of 2002 before the learned Civil Judge, Junior Division, churachandpur, Manipur making a parallel claim to the said pensionary and other service benefits of her husband. As she was not in a position to contest the suit due to financial constraints, she was forced to reach a compromise agreement with the respondent No. 7 on certain terms and conditions. The learned Civil Judge, in terms of the compromise, thereupon passed the judgment dated 28-7-2003 decreeing the suit on compromise in the following manner :-