IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 777 of 2007
Mosamat Chariya... ... ... ... ... Petitioner
Versus
The Union of India & Ors.... ... ... ... Respondents
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CORAM: HON'BLE MR. JUSTICE AJIT KUMAR SINHA
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For the Petitioner: Mr. ARshad Hussain
For the Respondents: Mr. Faizur Rahman, CGC No.1
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3/16.3.2009
This writ petition has been preferred for issuance of an
appropriate writ, order or direction in the nature of mandamus
directing the respondents concern for the payment of arrear of Family
Pension immediately and forthwith and further direction for the
payment of family pension regularly for which she is entitled to as her
husband died after completing the required fifteen years of service as
Ex-PNR No. 8011068 in the Pioneer Cosps at post Agram, Bangalore.
The annexure 2 marked with the writ petition is a letter dated
25th August, 2000 wherein it has been specifically mentioned that the
petitioner was appointed on 7.3.1963 and worked till 15.2.1972. This
fact is further corroborated by the annexure A/1 marked with the
counter affidavit of the respondents wherein it has been specifically
mentioned that the petitioner has drawn his last pay on 14.2.1972.
The counsel for the petitioner submits that he was actually
discharged from the service in the year 1978 and thus he completed
15 years service for getting pension as required under the Army Rules.
The fact remains that he was not paid salary after
1972 and was discharged also in the year 1972 due to unauthorized
absence. As per requirement under Army Rules for getting pension the
minimum service of 15 years has to be completed which is not
completed in the instant case. Even otherwise this writ petition suffers
from gross latches and delay as it has been preferred in the year 2007
even though cause of action arose in the year 1972 or at best in the
year 1978 itself.
Considering the facts and circumstances of the case, I find no
merit in the writ petition and the same is accordingly dismissed.
(Ajit Kumar Sinha, J)
Sudhir/F.A.