SWATANTER KUMAR, G.S.SISTANI
SAMAJ KAUR – Appellant
Versus
UNION OF INDIA – Respondent
G. S. SISTANI, J.
( 1 ) IN this petition under Article 226 of the Constitution of india, the petitioner has prayed that this Hon'ble Court be graciously pleased to
(a) Issue a writ in the nature of certiorari by quashing the order dated 29. 12. 1998; (b) Issue a writ in the nature of mandamus directing the respondent to release special family pension in favour of the petitioner w. e. f. the date of death of her late husband along with the arrears and pay 9% interest thereupon.
( 2 ) BRIEF facts of the case are that the husband of the petitioner was enrolled in the Indian Army on 8. 1. 1966 and after rendering service of around 15 years and 4 months, he retired from the Army on 7. 5. 1981 on completion of the terms of engagement. Thereafter on 1. 5. 1984 he was re-enrolled in the Army in Defence security Corps. As per Army procedure, husband of the petitioner was again examined by the medical authorities before his re-enrolment in the Army and was found to be medically and physically fit in all respects. The duty of the husband of the petitioner was of such a nature which involved long and continuous hours of duty, as a result of which he started having health problems for which he
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