Manju Devi (Smt.) Vs. Union of India (Uoi) and anr.

Manju Devi (Smt.) vs Union of India (Uoi) and anr.

Type Court Judgment Court Rajasthan Decided Aug 07, 2007

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Citation: sooperkanoon.com/769481
Court: Rajasthan High Court
Judge: Ashok Parihar, J.
Decided On: Aug 07, 2007
Subject: Service

Case Summary

AI-generated summary - not the official court judgment text.

- - Though cause of death has been reported to be cardiac failure due to coronary artery occlusion and its complications, however, special family pension has been denied to the petitioner on the ground that death was not attributable to Army Services. Having failed to get any response from the authorities, the pre...

Key legal issue: Service

Parties & Advocates

Appellant / Petitioner

Manju Devi (Smt.)

Respondent

Union of India (Uoi) and anr.

Legal References

Reported In: RLW2008(1)Raj603

Excerpt

- - though cause of death has been reported to be cardiac failure due to coronary artery occlusion and its complications, however, special family pension has been denied to the petitioner on the ground that death was not attributable to army services. having failed to get any response from the authorities, the present writ petition has been filed on 11.12.2002 challening the order of rejection of claim of special family pension. there appears to be total callous insensitive approach of the authorities in such matters when on one side technical objections are taken and on the other side, the poor widow is deprived of her legal dues for want of decision of appeal for more than five years......apart from making reliance on the medical report. the reply was filed in july, 2004. there is no explanation, whatsoever, as to why the appeal could not be decided by the competent authority for more than two years. as per submission of the counsel for the petitioner, appeal has yet not been decided by the concerned authority. there appears to be total callous insensitive approach of the authorities in such matters when on one side technical objections are taken and on the other side, the poor widow is deprived of her legal dues for want of decision of appeal for more than five years.3. without making any observations at this stage in regard to death caused while in service been attributable to army services or not, respondents are now directed to decide the appeal within 30 days from the date of receipt of certified copy of this order and communicate result of the same to the petitioner immediately thereafter. in case the appeal is allowed, arrears be paid within thirty days thereafter. the petitioner shall be free to challenge the order, if any passed adverse, before appropriate forum in accordance with law. since the petitioner has been forced to undergo trauma and agony of the present litigation for more than five years, respondents are directed to pay a cost of rs. 30,000/- to the petitioner within the period referred above.the writ petition stands disposed of accordingly.

Full Judgment

Ashok Parihar, J.

1. Husband of the petitioners was enrolled as Nayak in the Indian Army on 15.11.1983. Unfortunately, husband of the petitioner died on 9.11.2000 while he was on duty at 3 EME Center, Bhopal. Though cause of death has been reported to be cardiac failure due to coronary artery occlusion and its complications, however, special family pension has been denied to the petitioner on the ground that death was not attributable to Army Services. Claim of the petitioner was rejected by the authorities vide order dated 8.8.2001. However, the petitioner preferred an appeal on 1.1.2002 itself within the limitation as informed by the authorities. Having failed to get any response from the authorities, the present writ petition has been filed on 11.12.2002 challening the order of rejection of claim of special family pension.

2. A hyper technical objection has been taken on behalf of the respondents that during pendency of the appeal, present writ petition could not have been filed by the petitioner apart from making reliance on the medical report. The reply was filed in July, 2004. There is no explanation, whatsoever, as to why the appeal could not be decided by the competent authority for more than two years. As per submission of the counsel for the petitioner, appeal has yet not been decided by the concerned authority. There appears to be total callous insensitive approach of the authorities in such matters when on one side technical objections are taken and on the other side, the poor widow is deprived of her legal dues for want of decision of appeal for more than five years.

3. Without making any observations at this stage in regard to death caused while in service been attributable to Army services or not, respondents are now directed to decide the appeal within 30 days from the date of receipt of certified copy of this order and communicate result of the same to the petitioner immediately thereafter. In case the appeal is allowed, arrears be paid within thirty days thereafter. The petitioner shall be free to challenge the order, if any passed adverse, before appropriate forum in accordance with law. Since the petitioner has been forced to undergo trauma and agony of the present litigation for more than five years, respondents are directed to pay a cost of Rs. 30,000/- to the petitioner within the period referred above.

The writ petition stands disposed of accordingly.

Same Court & Year Rajasthan · 2007 Same Parties Manju Devi (Smt.) vs Union of India (Uoi) and anr. Same Subject Service Same Judge Ashok Parihar, J.

Service