LAWS(J&K)-2006-5-45

BERO DEVI Vs. UNION OF INDIA

Decided On May 03, 2006
Bero Devi Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The facts which are not in dispute are as under:

(2.) The only question which is to be determined in this case is whether the husband of the petitioner was entitled to disability pension and the petitioner is entitled to family pension.

(3.) Learned Counsel for respondents raised a preliminary objection that this petition is liable to be dismissed on the ground of delay and laches. He submitted that the present petition has been filed after 29 years of passing of impugned order declining disability pension to the husband of the petitioner. It is stated that the husband of the petitioner filed a representation, Annexure B in the year 1972. The said representation was considered and rejected but the husband of the petitioner did not file any appeal or challenge the order vide which his claim was rejected.