DORKY LALTHLAMUANI Vs. UNION OF INDIA

JUDGEMENT

(1.) WRIT petitioner No. 1 is the daughter, while writ petitioner No. 2 is the wife of Sepoy C. Lalsangliana (deceased) and Proforma respondent No. 6 is the mother of late Sepoy C. Lalsangliana.

(2.) BY this writ petition both the writ petitioners seek a direction from this court to the respondent authorities to make provision for Family Pension on account of death of Sep. No. 4362871 C. Lalsangliana (deceased ). Writ petitioner No. 2's late husband was enrolled in the Assam Regiment on 1. 4. 1993 and he was out of service on 8. 8. 1997. He was granted service element @ Rs. 375/- per month with effect from 8. 8. 1987 for life vide PCDA (E) Allahabad Pension Payment Order No. D/ra/22703/99. Sep. C. Lalsangliana subsequently died on 15. 6. 2000. Proforma respondent No. 6, the mother applied for grant of Family Pension in her favour without the knowledge of writ petitioner No. 2. Writ petitioner No. 2 subsequently being known of the fact of making such application by proforma respondent No. 6, she too submitted an application for grant of family pension in her favour. Both the applications were, thereafter forwarded to respondent No. 2 by the Zila Sainik Welfare and Settlement, Aizawl, Mizoram.

(3.) ON filing of both the applications as stated herein before, a letter was written to respondent No. 3 to take investigation in terms of Para 174 of Regulation for the Army 1987 (Revised Edition) and submit his recommendation to enable the respondent No. 2 to take further action in the matter.