The central legal point established in the judgment is the importance of following the NE Series Part-II Orders and thoroughly verifying documents produced by widows/NOKs/children before accepting for publication of personal occurrences after the death of serving personnel below officer rank (PBOR)/ex-servicemen.

ORDER :

1. The present writ petition has been filed for issuance of direction upon the respondent authorities to consider the claim of the petitioner for pensionary benefits as her father-Late Dewa Oraon (hereinafter to be referred as “the deceased serviceman”) got superannuated from the post of ‘Hawaldar’ from the Bihar Regiment and subsequently died on 06.10.2020 whereas prior to that, her mother had already died on 10.08.2019.

2. Learned counsel for the petitioner submits that the deceased serviceman joined army (Bihar Regiment Unit) on 31.05.1959 having Service No. 4236711N and superannuated from the post of ‘Hawaldar’ on 25.01.1980. He subsequently died on 06.10.2020. Prior to death of the petitioner’s father, her mother had already died on 10.08.2019. The petitioner being unmarried and unemployed daughter of the deceased serviceman submitted application for family pension on 25.01.2021 through “Zila Sainik Kalyan Karyalaya”, Ranchi (respondent no. 3) before the Record Officer, Records the Bihar Regiment, Danapur Cant, Patna (respondent no. 2). The petitioner’s application was forwarded by the respondent no. 3 vide letter no. 250 dated 26.02.2021 to the respondent no. 2 for necessary action. Thereafter, the respondent no. 2 asked the respondent no. 3 to conduct an inquiry regarding the petitioner’s claim as her date of birth was 10.10.1998 and at the time of her birth, the age of her mother was 53 years which was not possible in normal condition. Subsequently, an enquiry was conducted by the respondent no.3 who, vide letter dated 15.03.2022, sought a certificate from the Civil Surgeon, Sadar Hospital, Ranchi wherein a query was made as to whether a 53 years old lady could give birth to a child. Pursuant to the said letter, the Deputy Superintendent, Sadar Hospital, Ranchi, vide letter no. 583 dated 08.04.2022 informed the respondent no. 3 that a healthy female can give birth to a child even at the age of 53 years. The respondent no. 3 forwarded the said report to the respondent no. 2 and requested to look into the matter as well as to issue necessary instruction to the concerned official to intervene in the said matter so as to alleviate financial hardship being faced by the petitioner. However, not finding the case of the petitioner to be genuine, her claim was rejected by the respondent no. 2 on 28.06.2022 and a report regarding the same was sent to the respondent no. 3 stating that a common statement issued by a hospital cannot be taken as a proof of birth of a child to 53 years old lady. It was also stated that since the birth of all the children was correctly notified by the parents during their lifetime, there was no reason for leaving a child’s birth unpublished. Learned counsel for the petitioner thus submits that the rejection of the petitioner’s claim by the respondent no. 2 on extraneous ground being arbitrary and illegal is liable to be set aside.

3. On the contrary, Mr. Vikash Kumar, learned C.G.C. appearing on behalf of the respondents, submits that the deceased serviceman (the petitioner’s father) was discharged from service with effect from 25.01.1980 at his own request on extreme compassionate ground and at the time of discharge, he was paid all his terminal benefits. It is further submitted that pension was granted to the deceased serviceman vide Controller of Defence Account (Pension), Allahabad Pension Payment Order No. S/C/2612/80 and the name of his wife-Hira Devi was added vide P.P.O. No. S/JN/63265/90 to get family pension in the event of death of her husband. As per service documents of the deceased serviceman, he was married to Hira Devi after his enrolment in Army. Subsequently, Hira Devi- wife of the deceased serviceman, died on 10.08.2019 and later on the deceased serviceman also died on 06.10.2020.

4. It is also submitted that the deceased serviceman had never intimated regarding birth of the petitioner during his life time and after his death, the petitioner has sought family pension claimin