SMT. PARKASHWATI Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The petitioner, the mother of Sepoy Madan Lal has claimed payment of pension on the basis of Army instructions contained in letter No. A-06724/ AG/PS-4(a)/l 965/J/B/D (Pension/Services) dated 3d Aug., 1979, (sic). Annexure on the plea that her son had died in July, 1972 while in service. Her representation to the authorities was rejected vide Annexures P.6 and P.7 dated 22.9.1992 and 20.10.1992 on the ground that she being a mother, was not entitled to the payment of family pension. In the written statement, the respondents have taken a similar stand. In addition, it has been stated that the petitioner's son. Sepoy Madan Lal had died before the completion of one year's service after training and, therefore, payment of family pension was not admissible to her.

(2.) As far as the first issue is concerned, it has been decided by a learned Single Judge of this Court in CWP No. 8805 of 1988 ( Budh Singh Vs. Union of India, 1992( 1) RSJ 801 ) that the parents would be entitled to claim family pension. The respondent's case that the Sepoy Madan Lal had not put in one year's service at the time of his demise and as such, the petitioner was not entitled to family pension is also without basis. It is evident from Annexure P. 1 that the words without completing one year's continuous service provided they had been found fit, after successful completion of the requisite training and medical examination for grant of commission or other rank in the Armed Forces" had been deleted and substituted by the words "Provided the person immediately before his recruitment/commissioning was found fit after medical examination. The successful completion of the requisite period of training and one year's service thereafter is not relevant in view of the substitution that has been made. It is not the respondent's case that Sepoy Madan Lal was found medical unfit at the time when he was recruited.

(3.) For the reasons recorded above, the present petition is allowed, Annexures P. 6 and P. 7 are quashed and a direction is issued to the respondents to determine and pay the family pension to the petitioner within a period of six months from the date of copy of this order is supplied to them. There will be no order as to costs. Petition dismissed.