UNION OF INDIA Vs. PREM DEVI

JUDGEMENT

(1.) In the present petition the challenge is to the order dated 1. 04.2022 (Annexure P-1) passed by the Armed Forces Tribunal, Regional Bench, Chandigarh at Chandimandir, by which benefit of ordinary family pension has been granted to respondent No.1.

(2.) The arguments which has been raised by the learned counsel appearing on behalf of the petitioners is that the husband of the respondent No.1 namely, Jeet Singh was enrolled in the army on 6/4/1970 and was discharged on 20/8/1977 on the ground of "Service no longer required" as there were red entries in the record of husband of respondent No.1. Learned counsel for the petitioners submits that the decision was taken keeping in view the red entries which were credited in the record of the husband of the respondent No.1 while he was performing the duties assigned to him and therefore, even if, within a period of six years, the husband of respondent No.1 suffered from a disability assessed at more than 20%, the benefit of disability pension could not have been granted. Learned counsel submits that the disability assessed was also for a period of two years, but no action was taken by the husband of the respondent No.1 so as to claim the benefit of disability pension, and after his death, no occasion arises for the respondent to claim the benefit of family pension, which benefit has been granted by the Tribunal after a lapse of more than 45 years.

(3.) Keeping in view the notice of motion issued, the respondent No.1 has appeared. Learned counsel appearing on behalf of the respondent No.1 argues that even if, the husband of the respondent No.1 was discharged on the ground of red entries, but once it has been established that at the time of discharge he was suffering from the disability of "NEUROSIS 300" and the disability was assessed at 20% for two years, the benefit of disability pension should have been granted, however, the same was not granted by the department, even though husband of respondent No.1 was eligible for the same.