Reshma vs Union Of India & Others on 23 March, 2009

 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH



                                  Civil Writ Petition No.13809 of 2008
                                         Date of Decision: March 23, 2009


Reshma
                                                                 .....PETITIONER(S)

                                      VERSUS


Union of India & Others
                                                             .....RESPONDENT(S)

                                 .        .      .


CORAM:              HON'BLE MR. JUSTICE AJAI LAMBA


PRESENT: -          Mr. Surinder Sheoran, Advocate, for the
                    petitioner.

Mr. S.K. Sharma, Central Government
Standing Counsel, for the respondents.

                                  .       .      .

AJAI LAMBA, J (Oral)

                    This     civil            writ    petition       filed      under

Article 226/227 of the Constitution of India prays for

issuance of a writ in the nature of certiorari for

quashing Order dated 30.5.2007 (Annexure P-3). Vide the

impugned order, claim of the petitioner for special

family pension has been rejected.

It transpires that husband of the

petitioner died on 28.4.2005 on account of heart-attack

(Acute Myocardial Infarction) while on annual leave. In

the impugned order, it has been stated that the death was

not in any way related to duties of military service and

being not attributable to military service, the

petitioner is not entitled to special family pension. The

petitioner was given the right to file an appeal before
CWP No.13809 of 2008 [2]

the Appellate Committee. It seems that the petitioner did

file an appeal as is evident from Annexure P-4.

Learned counsel for the petitioner states

that during the pendency of the writ petition, the appeal

has been decided on 20.1.2009, however, the order has

been conveyed vide a single line order in the following

terms:-

“Second Appeal

1. Reference Government of India, Ministry of Defence,
letter No.2(116)/2007/D (Pen. A & C) dated 02 Jan 2009.

2 Your Second appeal against rejection of special family
pension has been rejected by Government of India, Ministry of
Defence letter quoted in para one above.”

Learned counsel for the petitioner states

that without knowing the contents and the basis of the

order, the petitioner is not in a position to know the

reasons for rejection of his claim.

Considering the facts and circumstances

of the case, this petition is disposed of with direction

to the respondents to consider the second appeal of the

petitioner afresh and pass a reasoned and speaking order.

Needful be done within three months of

the date of receipt of a certified copy of the order.

                                                              (AJAI LAMBA)
March 23, 2009                                                   JUDGE
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