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1998 DIGILAW 403 (PAT)

Miru Soren v. Union of India

1998-05-19

ASOK KUMAR GANGULY

body1998
Order Heard learned counsel for the parties. 2. This writ petition has been filed by the widow of Thakur Marandi, who was an employee in the Indian Army as Sepoy on and from 21st October, 1976. 3. It appears from the records of the case that the said Sepoy was declared a deserter by a Court of enquiry with effect from 5th March, 1992. Thereafter, the said sepoy was declared to have been dismissed from the services three years thereafter in the year, 1995. This fact appears from the counter affidavit filed by the respondent. 4. Counsel for the petitioner submits that the petitioner's husband has completed 15 years of service and upon completion of fifteen years of service he is entitled to pension. The relevant rules in this connection along with amendment are quoted below : "113 (a) An individual who is dismissed under the provisions of the Army Act, is ineligible for pension or gratuity in respect of all previous service. In exceptional cases, however, he may at . . . . . (b) An individual who is discharged under the provisions of Army Act and the rules made thereunder remains eligible for pension and gratuity under these Regulations. AMENDMENTS TO PENSION REGULATIONS FOR THE ARMY :- Regulation 113 :- Individuals dismissed or discharged under the Army Act, Add at the end of existing clause (a), as follows: "In exceptional cases, however, he may, at the discretion of the president be granted service pension or gratuity at a rate not exceeding that for which he would have otherwise qualified had he been discharged on the same date." 5. The case of the petitioner is that she applied to the President for grant of pension under the said rules, but the same has been rejected by the order dated 12th December, 1996 which is at Annexure-10 to the writ petition, and while rejecting the same it has been stated in the said order that the petitioner may not indulge in further infructuous correspondence. Learned counsel for the petitioner states that under the rules quoted above the respondents are duty bound to consider the petitioner's application for pension having regard to the special facts and circumstances of the case, namely, the fact that the petitioner is a widow and is in need of some financial help, and her husband has been declared a deserter, and is traceless. 6. 6. This Court is also of the opinion that under the relevant rules the President has a discretionary power to grant pension and gratuity considering the special facts and circumstances. But from the impugned order it does not appear that the special facts and circumstances have been properly considered by the authority. The application of the petitioner was rejected in a routine manner. 7. Considering this aspect of the matter this court gives an opportunity to the petitioner to make a further representation to the President of India. It is expected that this time the same will be considered by the appropriate authority in the correct prespective and in the light of the observation made in this order. As the matter relates to the widow of an employee who is traceless and since pension is by (sic) of a measure of social benefit, this court hopes and trusts that the matter will be considered with the attention it deserves at an early date. This Court expects that if an application is made for consideration within a period of two months from today along with a copy of this order, the same will be considered and disposed of within a period of four months from the date of receipt of the said application by the appropriate authority. 8. The writ petition is thus disposed of.