SURJIT KOUR Vs. UNION OF INDIA

JUDGEMENT

(1.) The husband of the petitioner after serving 07 years 06 months and 16 days with the Indian Army was discharged from service on 18/12/1978 on account of being placed in Low Medical Category "CEE" (Permanent) for the principal disability of "Aortic Stenosis Schizophrenia (414)" under Rule 13(3) Item III (v) of the Army Rules, 1954. The husband of the petitioner approached the respondents for grant of disability pension; however, his case was rejected vide order dtd. 8/4/1980 and November 1982 on the ground that the cause of invalidment was neither attributable to nor aggravated by the military service. Thereafter, the husband of the petitioner died on 16/3/2000. After his demise, the petitioner submitted a representation for grant of family pension, however, the same was rejected vide order dtd. 29/5/2017. Thereafter, the petitioner approached the respondent No. 2-Armed Forces Tribunal, Srinagar Bench, at Jammu (for short 'the Tribunal') through the medium of Original Application filed under Sec. 14 of the Armed Forces Tribunal Act, 2007 and sought quashing of order dtd. 8/4/1980 and November, 1982, whereby the claim of the petitioner for grant of family pension from 17/3/2000 was declined by the respondents.

(2.) The said application came to be dismissed by the learned Tribunal vide order dtd. 9/5/2023 after taking note of the stand of the respondent Nos. 1 to 3 & 5 that the appeals dated July 1979 and June 1982 were received from husband of the petitioner but were rejected vide letters dtd. 8/4/1980 and November 1982 and thereafter, the husband of the petitioner had filed a writ petition bearing OWP No. 83/1991, but was dismissed for non-prosecution on 1/6/1999.

(3.) Aggrieved of the order of dismissal of her petition, the petitioner has filed the instant writ petition for quashing the order dtd. 9/5/2023 and has sought the same reliefs as sought by her before the respondent No. 2-Tribunal.