SMT. PARAMJIT KAUR Vs. UNION OF INDIA

JUDGEMENT

(1.) SMT . Paramjit Kaur has filed the present writ petition under Articles 226/327 of the Constitution of India and it has been prayed by her that a writ of mandamus be issued in her favour directing the respondents to give her the benefit of family pension with effect from 2.11.1970.

(2.) SOME facts can be noticed in the following manner. The husband of the petitioner, Shri Pal Singh, joined the Indian Army on 17.6.1963. He was boarded out from the service on account of disability on 7.7.1971. At the time of the recruitment, the husband of the petitioner was placed in category "A" but at the time of invalidation he was placed in category "C" permanent with disability of 40%. A shelter appointment was offered to the husband of the petitioner which was accepted and on 13.6.1972 the husband of the petitioner wrote to the army authorities that he is not interested in the job as a result of that he was discharged from the army on his request. The husband of the petitioner admittedly died on 2.11.1990.

(3.) ON the contrary, the stand of the respondent is that the husband of the petitioner was never given the benefit of disability pension and that he never made a prayer that he "should be awarded disability pension during his life time and that at the time of his death, husband of the petitioner was not pensioner, therefore, the widow Smt. Paramjit Kaur is not entitled to the benefit of family pension.