MOHINDER KOUR Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) All the facts are admitted. The only dispute is whether an army personnel while on casual leave is entitled to the pensionery benefits are not

(3.) Respondents have filed objections. It is admitted that eleven days casual leave was allowed to the son of the petitioner. It is also admitted that a speeding matador coming from the opposite direction hit the scooter on which the petitioners son and another pillion rider were coming from R.S. Pura. Both of them died in the said accident. Petitioners son was a bachelor. He had nominated his father Gurdayal singh as the next of his kin. The family pension case was rejected by the Controller of Defence Accounts (Pension) Allahbad. A conclusion has been arrived at that the death occurred when Gurmeet singh was not on army duty. As indicated, the above is the basic ground for rejection of the claim of the petitioner.