UNION OF INDIA Vs. CHANO DEVI

JUDGEMENT

(1.) THE Union of India has filed this appeal against the order made in OWP No. 630/2000 dated 17.05.2001 wherein the claim made by the respondent, who is widow of the army personnel seeking family pension, was allowed with 12% interest for the arrears of pension to be calculated.

(2.) BRIEF facts necessary for disposal of this appeal are as follows: - -

(3.) THE said order is challenged by the appellant on the ground that the respondent's husband having served as Group "D" Civilian (Cook) for 18 years and 225 days, that was from 25.08.1951 to 30.04.1970 and thereafter he was enrolled as Non Combatant on 01.05.1970 and was boarded out under Air Force Rules, 1969, Chapter III, Rule 15, Clause (k), as he was found medically unfit for further service in Air Force. It is contended that there is no proof that the disability suffered was attributable to or aggravated by Air Force Service, therefore, the disability pension was denied and the said decision was communicated to the husband of the respondent with an advice to prefer an appeal latest by 23.10.1978 in case he is not satisfied with the decision of Chief Controller of Defence Accounts (Pensions) and he having died on 23.10.1978, the family pension request was also rejected by said authority by order dated 03.06.1981. The appeal preferred was also rejected by the Ministry of Defence vide order dated 12.02.1987.