UNION OF INDIA Vs. SANDHYA DEVI

JUDGEMENT

(1.) DIRECTED against Decree and Judgment dated 30th of December, 2000 of learned District Judge, Kathua, dismissing Union of India's appeal against decree and judgment dated 20th of December, 1999 of Learned Sub Judge, Kathua decreeing respondents' suit No. 22/Civil holding their predecessor -in -interest Late Prabhat Singh, entitled to disability pension and allied allowances with interest at the rate of 12% per annum, this civil second appeal was admitted to hearing on 22nd of November, 2001 on the following substantial questions of law. 1. Whether the civil court has jurisdiction to decide and grant pension in view of Section 4 of the Pensions Act, 1871 which debars the jurisdiction of the civil court?

(2.) WHETHER the provisions of Pensions Act 1981 are applicable to the respondents? Facts leading to the filing of this appeal may be stated thus: 2. Prabhat Singh Ex. PNR No. 40595/G, the predecessor -in -interest of the respondents, was enrolled in GREF as Pioneer on 21st of January, 1962. He discharged his duties to the satisfaction of the department till he was invalided out of service due to his suffering from pulmonary tuberculosis with 100% disability on 15 -1 -72, which according to him was attributable to and aggravated by the Government Service. His request for allowing him pensionary benefits was not considered by GREF authorities at the time of his ouster from the Department. His repeated persuasions, however, put the department in motion and his case for grant of pension was recommended by the department to Controller of Defence Accounts (Pensions) Allahabad (CDA(P)) in April, 1988 for awarding him disability pension under the Central Civil Services (Extra Ordinary Pension) Rules. CDA (P) Allahabad, however, returned the papers, calling upon the department to seek waiver of six days period by the Government which the petitioner was short of in completing the requisite period prescribed for award of pension under the Central Civil Services (Extra Ordinary Pension) Rules. Prabhat Singh had been advised to get himself examined by the Medical Board. After the medical examination of Prabhat Singh by CMO Kathua requisite papers were sent to GREF Department, which in turn sent these papers to CDA (P) Allahabad which finally turned it down resulting in Prabhat Singh's filing a suit for declaration to the effect that he was entitled to grant of pension and other emoluments and for mandatory injunction directing the appellants to pay pension, G.P. Fund and other allied allowances to him.

(3.) PRELIMINARY issue framed by the Court as to whether the Civil Court had the jurisdiction to entertain the suit was decided in favour of Prabhat Singh where after the parties were put to the factual issues. On facts, the trial court of Sub Judge, Kathua found Prabhat Singh entitled to pension and accordingly decreed the suit directing the appellants to grant him disability pension and allied allowances along with interest @ 12% per annum. Appeal taken by the Union of India before learned District Judge, Kathua failed and the findings of the trial court were up -held. Both Prabhat Singh and his wife Sandhya Devi are stated to have died during the pendency of this litigation. Union of India is contesting the decrees of the courts below against the legal representatives of Prabhat Singh who are the son and daughters of Late Prabhat Singh.