CHAMPA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard.

(2.) The aforesaid writ petition has been filed challenging the order dtd. 28/11/2022 passed by Armed Forces Tribunal, Regional Bench, Jaipur (hereinafter referred to as 'the Tribunal' for brevity) whereby the Original Application (No.81/2011) filed by the petitioner was dismissed.

(3.) Brief facts of the case are that an application under Sec. 14 of the Armed Forces Tribunal Act, 2007 was filed by the petitioner wherein it was prayed that the respondents be directed to grant Service Pension along with consequential benefits for the lifetime of her husband Late Ex Sep Anji Singh from 30/9/1963 to 04. 08.1966 and thereafter Family Pension. In the application, it was averred by the petitioner that her husband was enrolled in the Army on 5/5/1960 and after rendering more than three years of service, he was found medically unfit for further retention in service and was consequently discharged from service on 30/9/1963 under Army Rule 13 (3) III (iii). It was further averred by the petitioner that at the time of enrolment, her husband was physically and mentally fit but later on, he suffered from the disability while in service and was consequently discharged form service on medical grounds. In these circumstances, her husband was eligible for grant of service pension and disability pension and after his death, she is eligible for grant of family pension. For the aforesaid relief, the petitioner approached the respondent and legal notice was also sent through her advocate but no heed was paid by the respondents to the grievances of the petitioner. Under these circumstances, the petitioner had no option but to approach the Tribunal for redressal of her grievances.