SAJJAN KANWAR Vs. UNION OF INDIA

JUDGEMENT

(1.) SMT. Sajjan Kanwar wife of late Jamadar Banne Singh, the petitioner herein in the present writ petition filed by her, seeks a writ in the nature of certitorari so as to quash order dated 13.9.2002 (Annex.5) and in consequence of setting aside the said order to grant to her mustering out/family pension as applicable with all consequential benefits including interest on the arrears @ 18% for depriving her legitimate dues for long years for no fault of her.

(2.) THE facts on which the relief as mentioned above is sought to rest reveal that the late husband of the petitioner was initially enrolled in the Indian Army on 13.3.1931 and was discharged from service after putting 7 years, 9 months and 27 days of service. Husband of the petitioner was was re-enrolled in the Army in 27th Bn. of the Rajputana Rif. on 27.9.1939 and was granted viceroy commission on 1.10.1942. He was discharged of his second engagement on 21.2.1946 after serving the Army for 6 years, 4 months and 25 days. It is significant to mention that for a second spell he was enrolled at the time of Second World War. He, however, died on 30.3.1968. During his life-time he prayed for pension/muster-roll pension which was declined on 13.12.1945 and representation against the order dated 13.12.1945 was dismissed on 12.3.1947 (Annex.R/2), the petitioner, as it appears, before approaching this court for the desired relief, issued a notice for demand of justice on 16.11.2002 (Annex.R/4) which was rejected vide impugned order dated 3.12.2002 (Annex.R/5).

(3.) INDEED there is considerable delay in filing the present writ petition. The cause as such in the present case with regard to the pension is however a recurring one. The petition thus cannot be dismissed only on the ground of delay and laches. the court was, however, inclined to limit the relief to the petitioner for three years immediately preceding filing of the present writ petition but the learned counsel for the petitioner has brought to my notice the judgment of the Hon'ble Supreme Court in S.K. Mastan Bee vs. General Manager, South Central Railway & Another (1), where in the matter of pension laches did not come in the way of the petitioner in getting the full and complete relief.