Punjab-Haryana High Court
Smt. Surinder Pal Kaur vs Union Of India & Ors on 27 April, 2009
Author: Ajai Lamba
Bench: Ajai Lamba
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Civil Writ Petition No. 6174 of 1996
DATE OF DECISION : APRIL 27, 2009
SMT. SURINDER PAL KAUR
....... PETITIONER(S)
VERSUS
UNION OF INDIA & ORS.
.... RESPONDENT(S)
CORAM : HON'BLE MR. JUSTICE AJAI LAMBA
PRESENT: Mr. BS Sehgal, Advocate, for the petitioner(s).
Mr. SK Sharma, Advocate, for respondents.
AJAI LAMBA, J. (Oral)
This petition under Articles 226/227 of the Constitution of India seeks issuance of a writ in the nature of mandamus directing the respondents to grant service element and disability element of pension to the petitioner, who is widow of Gurdarshan Singh.
It seems that Gurdarshan Singh, husband of the petitioner, was enrolled in the Army on 19.8.1974, for a period of 17 years with 2 years reserve liability. Gurdarshan Singh was discharged on 31.7.1987, after rendering 12 years 10 months and 22 days service.
Civil Writ Petition No. 6174 of 1996 2
While the case of the petitioner is that Gurdarshan Singh was invalidated out on account of medical problems, in para-3 of the written statement on merits, it has been brought out that Gurdarshan Singh was discharged from service before fulfilling the condition of his enrolment on compassionate ground in Medical Category 'AYE'. From the reply, it is, therefore, brought out that neither Gurdarshan Singh completed the qualifying service nor is there any material on the record to indicate that he was invalidated out on account of medical problem, which could be attributable to or aggravated by military service.
In view of the above, no ground for interference in exercise of extra ordinary writ jurisdiction is made out.
The petition is dismissed.
April 27, 2009 ( AJAI LAMBA ) Kang JUDGE