MEGH RAJ Vs. UNION OF INDIA

JUDGEMENT

(1.) SHRI Megh Raj has filed the present writ petition against the respondents and he has prayed that the action of the respondents be quashed when they are not inclined to release the family pension to the petitioner on account of the death of his son Sepoy Dharambir. It was further prayed by the petitioner that directions be given to the respondents to release the family pension to the petitioner on account of the death of his son.

(2.) THE case set up by the petitioner is that his son Dharambir was employed as a soldier in the Army on 12.9.85 and he was allotted Army No. 14585428. On 24.5.1988, his son died on duty due to stomach pain at home while he was serving in the army. The petitioner moved an application for the grant of family pension. He also furnished all the documents but the claim of the family pension was declined by the respondent -authorities on the plea that the death of Shri Dharambir was due to the disease which was neither attributable nor aggravated by the military service. This order was passed on 25.7.1990. The petitioner filed a representation in the year 1991 for the release of the benefit of the family pension but to no effect. He also filed an appeal which was dismissed on 9.11.1992 on the same ground which was taken earlier by the respondents in the communication dated 25.7.1990. The petitioner also filed a mercy petition but to no effect. Hence, the present writ petition in the year 1998.

(3.) I have heard Shri A.K. Rampal, learned counsel appearing on behalf of the petitioner and Shri Kamal Sehgal, learned counsel appearing on behalf of the respondents and with their assistance have gone through the record of the case.