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2023 Supreme(Ker) 683

A. MUHAMED MUSTAQUE, SHOBA ANNAMMA EAPEN
Thankamma K. – Appellant
Versus
Union of India Represented By Its Secretary, Ministry of Defence, South Block, New Delhi – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Ratheesh B. Gyothish Chandran Sethumadhavan D. Sreenath S.
For the Respondent: Sri.Suvin R. Menon, for DSG

JUDGMENT :

Shoba Annamma Eapen, J.

The writ petition is filed challenging the order of the Armed Forces Tribunal, Regional Bench, Kochi (for short, “the Tribunal”) dated 03.03.2023.

2. The petitioner, the applicant in OA No.214 of 2019, is the widow of late Sepoy V.K.Krishnan Nair, who was a World War participant. The petitioner also filed MA No.296 of 2019 in OA No.214 of 2019 before the Tribunal to condone the delay of more than 29 years from the date of death of the petitioner's husband till the date of filing the original application, which was also dismissed by the Tribunal by the impugned order.

3. The petitioner's husband enrolled in the Army on 05.07.1941 and was discharged from service on 04.12.1946, who expired on 29.08.1989. In recognition of the war service and the service abroad, the petitioner's husband was awarded 1939-45 Star, Burma star and war medal. At the time of discharge, he was disabled due to primary hypertension and Ischemic Heart Disease and was not granted service pension due to non completion of 15 years of service. He was also not granted disability pension as he was released on demobilization. Challenging this, the petitioner approached the Tribunal for

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