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2008 DIGILAW 119 (RAJ)

State of Rajasthan v. Smt. Cheti

2008-01-16

R.C.GANDHI, R.S.CHAUHAN

body2008
JUDGMENT 1. 1. This appeal has been preferred against the order dated 14.02.2005 passed by the learned Single Judge whereby the Writ Petition No. 6876/2003 has been allowed directing the petitioners to pay pension to the widow of Issar Ram. 2. The appeal has been preferred on the ground that the husband of the widow was only a recruitee and was not entitled to Ex-serviceman pension and the pension granted earlier was rightly withdrawn. 3. Heard learned counsel for the parties and perused the record. 4. The husband of the respondent No. 1 was recruited in the Grenadiers on 18.6.1945. He participated in the Second World War and was discharged from service on 1.9.1945. He died on 22.2.1973. Respondent No. 1 Smt. Cheti was not granted pension by the Army. However, the State Government framed Rules known as Rajasthan Second World War Pension Rules of 1996. Her case was considered in terms of these rules. On examination of the record, husband of the widow was found having participated in the Second World War and the War Medal was also conferred upon him. Taking into consideration this evidence, the State Government sanctioned pension of Rs. 300/- per month in favour of the widow. This came to be withdrawn from 6th September, 1999 for the reason the deceased was not entitled to pension. There appears no substance in the plea of learned counsel for the appellants for the simple reason as the deceased was conferred with War Medal and War Medal can only be conferred upon those who have shown gallantry and bravery fighting the War. This evidence Dias not been denied by the respondents. The husband of the widow participated in the War and on consideration of the case, family pension was sanctioned. The Record Officer has also issued certificate indicating therein that deceased husband of the widow has participated in the Second World War and also received War Medal. 5. We do not find substance in the plea of learned counsel for the appellants for denying pension on the flimsy grounds that the deceased was a simple recruitee. No supportive evidence has been shown to us to take a different view to that what has been taken by the learned Single Judge. Therefore, we do not find any merit in the appeal which is dismissed.Appeal dismissed. *******