GURDEI Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) Petitioner, Smt. Gurdei, is the widow of late Naib-Subedar Lala, Victoria Cross Holder. By now, she is 95 years old and blind since 1965. According to her, Naib-Subedar Lala was in the Indian Army from 1901 to 1924. He participated in the Great World War-I in 1916. It was by virtue of his dedication to work and bravery that this highest military sward was conferred upon him. On medical grounds, he was released from the Army in 1924 with pensionary benefits.

(2.) Petitioner's husband died on 23rd March, 1927. He left behind two widows, namely, Smt Kaula Devi and the Petitioner. On the death of the husband, both the widows applied for the family pension and Victoria Cross Allowance. It was denied to the Petitioner since it was granted to Smt Kaula Devi, being the senior widow. Smt Kaula Devi did not realise the family pension and the Victoria Cross Allowance and she died on 14th August, 1929. The Petitioner asked the Respondents to give her the family pension and the Victoria Cross Allowance. Her case was examined, however, nothing was done. It appears, it was rejected on the basis that the Petitioner was the second widow and the family pension could not go beyond two lives -one for the husband and the second for the senior widow. It appears that the case of the Petitioner was examined in the year 1988 also. It is apparent from the communication dated 7th May, 1988 (Annexure P-2) whereby it has been recommended by Capt. R K. Singh, Record Officer. However, nothing was heard on this subject for sometime. The Petitioner approached them again through communication dated 2nd October, 1990 (Annexure P-3) We have a communication of 24th February, 1989 (Annexure P-5) on the record of this case. From para 3 of this communication, it is clear that the case of the Petitioner has been rejected on the ground that she is the second wife of late Naib- Subedar Lala, Victoria Cross Holder, therefore, she was not entitled to any family pension as per the Rules and Regulations. Having failed to secure the family pension, the Petitioner has moved this Court through this writ petition claiming family pension as well as Victoria Cross Allowance from 1929.

(3.) Notice of this petition was issued to the Respondents on 7-4-1993. Reply-affidavit has been filed by Lt. Shiv Kumar, Assistant Record Officer, Dogra Regiment. The stand taken by the Respondents is that the Petitioner has not been allowed the family pension and the Victoria Cross Allowance since she is the second widow of late Naib-Subedar Lala, and according to the Rules, the family pension cannot extend beyond two recipients. The Petitioner being the third, is not entitled to the same. It has also been stated that the Petitioner was extended financial help recorded in para 3 of the reply.