1. - This writ petition has been filed by Smt. Chandrawal Kanwar widow of late Pane Singh, who was Sepoy with Bikaner Karni Infantry for payment of regular pension to her late husband till he was alive and for payment of family pension to herself after his death.

2. Late husband of the petitioner was enrolled as such on 1.2.1930 and was released on medical grounds on 16.4.1946 after he had rendered service of 16 years, 2 months and 16 days. He unfortunately died on 13.12.1959. According to the petitioner, her late husband lost the discharge book and therefore he could not pursue his case for grant of pension effectively. He during his life time made several representations to various authorities for grant of regular pension after the country attained freedom. Struggling thus, he died on 13.12.1959. Petitioner being illiterate and pardanashin lady could not pursue the case for grant of his regular pension and family pension. She however learnt about the orders issued by the Government of India that all widows of pre-1964 pensioners shall be granted family pension with effect from 1.1.1976. She with the help of Secretary, Zila Sainik Board, Sriganganar could get the service particulars of her late husband only on 20.5.1988. She then submitted an application for grant of ordinary family pension sometime in the year 1989, which was erroneously sent to Records, the Rajputana Rifles. The Records, Rajputana Rifles vide their letter dated 4.11.1989 forwarded this application for necessary action to Records, the Rajput Regiment. The Rajput Regiment vide letter dated 13.11.1992 called for certain particulars and details from the petitioner but no further action was taken by them. Petitioner in that situation served upon the respondents a notice for demand of justice on 17.5.1995. The said notice was replied to by the respondents vide their letter dated 1.8.1995 intimating that the case of the petitioner has been referred to the Rajput Regiment for necessary action. The Chief Controller of Defence Accounts (Pension) Allahabad by their letter dated 16.8.1995 required the petitioner to submit sheet roll of her deceased husband so that her case for grant of family pension could be examined. Thereafter, petitioner sent one more letter on 27.6.1998 seeking final reply from the respondents. The respondents at that stage by their letter dated 20.8.1998 informed the petitioner that since her late husband did not render requisite 21 years of qualifying service as per Rule 35 of the Bikaner Army Pension & Gratuity Rules, therefore, he was not entitled to any pension and since he was not a recipient of pension, family pension could not be granted to the petitioner. She therefore approached this court by filing the present writ petition. In the writ petition, petitioner has also challenged validity of Rule 35, supra and prayed for a direction to the respondents to grant pensionary benefits in favour of her late husband with effect from the date of his release on 16.4.1946 till he died on 13.12.1989 and thereafter grant her family pension treating her to be a widow of army personnel of pre-1964 and alternatively, it is also prayed that her husband should be granted disability pension till he was alive with consequential benefits and interest.

3. I have heard Shri Rajendra Singh Bhadauria, learned counsel for the petitioner and Shri Sanjay Pareek, learned counsel appearing for the respondents.

4. Shri Rajendra Singh Bhadauria, learned counsel for the petitioner has argued that the late husband of the petitioner was a Sepoy in the Bikaner Karni Infantry and had also participated in World War II. He fought for the country under the command of Indian Army during World War II in the Iran and Middle East. He had to remain there for five to six years. Learned counsel relied on the Circular issued by the Government of India, Ministry of Defence, New Delhi dated 24th May, 1951 / 4th July, 1951 on the subject of mustering out concession for State Forces