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2004 Supreme(J&K) 22

PERMOD KOHLI
Kaushalya Devi – Appellant
Versus
Union Of India – Respondent


Advocates Appeared:
Advocate For Appellant: P.S. Dutta
Advocate For Respondent: Ajay Sharma

Petitioner is the widow of late Phagu Ram, who was Cosntable in Border Security Force (BSF) with Enrollment No. 67533209 in Battalion 53. According to the averments made in the petition, late Phagu Ram was recruited as constable in BSF in the year 1963 on selection by the Board including medical examination and he was found medically fit.. He continued to serve BSF till July 1972, when he was declared medically unfit for retention in the service and invalidated out. He was sent to home under critical physical condition and died on 20.12.1972. Petitioner claims to have made various representations to the respondents for family pension being widow of the deceased constable. She has explained the delay in filing this petition on the ground that, few months after the death of her husband, she suffered paralysis and her limbs became crippled. She lost considerable eye sight due to sufferings and ailment. It was only after long ailment, when she recovered and was able to file present writ petition. Her representations were responded to only in the year 1994 when the Directorate of Border Security Force, New Delhi directed the Commandant, 53 Battalion, BSF to examine the case of the petit

























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