SUNPA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) Dev Singh Panwar son of Shri Jagat Singh joined the Indian Army and was enrolled as Nursing Assistant in the Army Medical Corps on July 15.1964. He was granted annual leave while posted at 902 -Base Hospital c/o 56 APO from February 9.1979 to April 11.1979. On March 4. 1979. he met with an unfortunate accident and succumbed to the injuries. He was married to one Sumitra Devi. However, during the life time of Dev Singh Panwar. Sumitra Devi married another person after getting customary divorce. On the death of Dev Singh Panwar. his father Jagat Singh applied for the family pension and other benefits vide letter dated January 30.1980 (annexure -P3). The claim for special family pension was rejected on the grounds that death of Dev Singh Panwar was "due to a wound injury of disease which is neither attributable nor aggravated by his military service". Another representation was filed by Smt. Sunpa Devi, petitioner herein, mother of the deceased Dev Singh Panwar through Zila Sainik Welfare Officer. Sirmaur at Nahan (Annexure P4). the petition remain un -responded. The petitioner in desperation filed a suit in the Court of learned Senior Sub Judge, sirmaur at Nahan which was dismissed on March 31.1993 on the grounds that the Court did not have the jurisdiction to decide the matter.

(2.) The case of the petitioner is: she being mother of deceased Dev Singh, is entitled to all the benefits including special family pension particularly when she was entirely dependent on her deceased son and is unable to earn her livelihood being 73 years of age.

(3.) Petitioner prays for the following reliefs : "i) The respondent may be directed to grant the special family pension or ordinary pension in favour of the petitioner from the date of death of her deceased son with 12% simple interest, ii) The petitioner may be allowed with the cost of this petition; iii) Any other relief whichever this Honble Court deems fit and proper in the above mentioned facts and circumstances may kindly be granted in favour of the petitioner".