SARWAN DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition has been filed by the petitioner, seeking to claim pension, and for quashing the letters Ex. 5, 6 and 7 dated 18.5.78., 14.10.1981, and 27.8.87 respectively.

(2.) The claim of the petitioner is that her husband Balla Ram was in service of Army from 20.12.1942 to 20.2.1957, and was discharged from service on the ground of disability, being mental case. The certificate in this regard is produced as Annexure-1. It is alleged that Balla Ram was under treatment of Mental Hospital, Bareilly from 24.2.1961, and died on 21.8.1981 in the hospital itself. The petitioner wrote letter dt. 4.5.1978, for grant of disability pension, family pension, and ordinary family pension, but it was rejected vide Annexure 5, 6 and 7 dt. 18.5.78., 14.10.1981, and 27.8.87.

(3.) With these facts the pension has been claimed on the ground, that the incumbent was discharged on the ground of invalidity from service, when he completed 14 years 2 months of service, i.e. completed the service for pension, and pension should be granted. The other ground taken is, that the incumbent was discharged as a mental case, and therefore, disability pension was required to be granted, and the petitioner is entitled to arrears thereof. In the alternative, the petitioner has claimed to be entitled to family pension, and in any case, to special family pension, as her husband was discharged on medical ground. It is pleaded that non payment of pension, every day gives a fresh cause of action to the petitioner. On these grounds the above reliefs have been claimed.