UNION OF INDIA THROUGH SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF DEFENCE, NEW DELHI AND ORS. Vs. ANJU DEVI

JUDGEMENT

(1.) The petitioner is the widow of late Mohan Kumar Thakur, Ex-Sepoy, Cook No. 6472757 in the Indian Army. He served at several places including high altitudes when he suffered brain related problems during posting at Bagdogra. He was treated in the Military Hospital and was diagnosed suffering from unspecified psychosis . The husband of the petitioner was then invalided out of service due to medical cat (EEE) and discharged from service on 25.5.1991. He was paid his dues for Army Group Insurance and also disability benefits covered under the Army Group Insurance Scheme.

(2.) The Army Pension Regulations 1961 (Part-I) (hereinafter called the Pension Regulations?) provide for disability pension to those who suffered from more than 20% disability. Unfortunately, the Sepoy was deceased on 25.7.1997. In his life time, the petitioner had raised a claim for disability pension which was denied, affirmed in appeal. She approached this Court in C.W.J.C. No. 6262 of 1997 for relief. The respondents in the counter affidavit stated that the matter was under reconsideration. The writ petition was disposed off. It has again been rejected after reconsideration as communicated to the petitioner by letter dated 29.4.1999.

(3.) Being constrained with resources, in her quest for justice she approached the Legal Services Committee of the High Court which then assigned the writ petition to a counsel from its panel. In the writ petition the appellant never filed a counter affidavit. The impugned order was supported only from the recitals contained therein. The writ Court concluded upon discussion that unspecified psychosis had causal connection with the service conditions. It observed that it was unfortunate that the widow of the Army Personnel was being denied disability pension which otherwise was required to be liberally construed keeping in view the arduous nature of work and sacrifice made by army personnel to save and protect the nation and its people. The writ petition came to be allowed, consequently the appeal.