SONA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS application has been filed for initiation of contempt proceeding against opposite party no. 2 for violating the direction of this Hon ble Court passed in C.W.J.C. No. 11654 of 2001* in which direction was issued to the effect that the petitioners husband should be granted disability pension as per Rules of Air Force, 1961 (Part -l) from the date of due. It was also directed that for non -payment of the disability pension to the petitioners husband for such a long period he shall be entitled to an interest at the rate of 6% per annum from the date of discharge till the date of payment.

(2.) SHOW cause has been filed on behalf of the respondent wherein it has been stated that the order passed by this Court has already been complied with and sanction was accorded by Air HQ/41009/DP/ 118/MF/PA (CC) dated 24th January, 2002 for grant of disability pension at 50% for two years and accordingly PPO No. 08/14/ B/0375/2002 dated 17th July, 2002. has been issued. A supplementary show cause has also been filed wherein it has been stated that the disability pension for two years i.e. from 14.2.1990 to 13.2.1992 and service element for life with effect from 14.2.1990 has already been granted to the petitioners husband and in addition to this an interest at the rate of 6% per annum on arrears of disability pension with effect from 14.2.1990 till the date of payment has already been paid to the petitioner. In the supplementary counter affidavit it has also been stated that initially disability pension for two years i.e. 14.2.1990 to 13.2.1992 was allowed to the husband of the petitioner and disability element of disability pension could not be granted to the Ex -Airman, beyond 13th February, 1992, since the petitioners husband had expired on 5th December, 2001 and he could not appear before Re -Survey Medical Board, which was mandatory for continuation of disability pension.