MEERA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this writ petition, the petitioners who are widow and minor sons of late Pawan Kumar Singh of Fifth Bihar Regiment, has sought for issuance of a writ in the nature of mandamus commanding the respondent-authority to pay death-cum-retirement benefits including arrears of salary, family pension and all other legal dues.

(2.) DURING the pendency of this writ petition pursuant to the order dated 28.10.1998, the petitioners have been paid certain amounts on account of final settlement, army force provident fund and army group insurance. However, they have not been paid other dues like family pension, gratuity, etc.

(3.) ACCORDING to the case of the respondents, the families of the deserted soldier/individuals are not entitled for family pension/gratuity as per the provisions laid down under Rule 123 of the Pension Regulations for the Army part-1 1961. In paragraph 13 of the said counter-affidavit, it. is admitted that it was reported by the wife of the deceased (petitioner No. 1) that her husband-died on 2.11.1996 in train accident in his village, but it is submitted that the said deceased died while he was on desertion. At the same time, in paragraph 23 of the said counter-affidavit it is stated that immediately after receipt of the information about the death of the deserter, petitioner No. 1 was asked to furnish certain documents mentioned therein vide letter No. 4262645/3/49/NE dated 23.6.1997, which were furnished by her on 6.9.1997.