PARBATI DEVI Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The husband of the petitioner was initially enrolled in Army on Aug. 1, 1954 and discharged on Dec. 26, 1954. He was further enrolled on Jan. 15, 1995 in medical category A and did not suffer from any disease. The husband of the petitioner fell ill due to stress and strain of the service and was invalided out from service on Dec. 5, 1960 in medical category E as per discharge certificate. The petitioner averred that her husband was entitled for grant of disability pension w.e.d. Dec. 6, 1960 in accordance with Regulation 173 read with Rule 7 (b) of the Appendix II to the Pension Regulations for the Army Part I. The Records Armoured Corpos being claimant as defined in Regulation 90 was required to submit the disability pension claim of petitioner's husband to C.C.D.A. (P). The husband of the petitioner died on March 2, 1979 on account of disease due to which he was invalided from service. The petitioner applied for special pension during 1980 which was rejected vide C.C.D.A. letter dated Jan. 15, 1980. The petitioner after submitting various petitions to the respondents finally sent a notice for demand of justice on June 30, 1997 and filed the instant writ petition on Nov. 13, 1997.

(2.) The respondents filed return and averred that the husband of the petitioner was discharged from service being unlikely to become an efficient soldier as per entry recorded in the long roll. The AC Records vide his letter dated Dec. 21, 1996 informed the petitioner that there is no records of disability pension exists in the Long Roll. The respondents averred that as per para 132 of Pension Regulation Part I, 1961 minimum qualifying service to earn service pension is 15 years, but the late husband of the petitioner served only 6 years, 3 months and 18 days service, hence he was not entitled for any type of pension. As per entry recorded in the long Roll the request for special family pension was also rejected by the CCDA (P) Allahabad vide his letter dated Jan. 15, 1980. On Nov. 26, 1961 a sum of Rs. 250.00 was paid as gratuity through money order as he was discharged from service unlikely to become an efficient soldier.

(3.) 1 have given my anxious consideration to the rival submissions.