Relating to claims for disability pension by family members of a deceased Army soldier, the court held that relief was previously adjudicated by the civil court. The petition was dismissed with no merit.
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CWP No.15654 of 2008 1
IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH.
CWP No.15654 of 2008 Date of decision: 4.9.2008
Satinder Kaur & others
..Petitioners
Versus
Union of India and others
...Respondents
CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA HON'BLE MR. JUSTICE RAJAN GUPTA
Present: Mr. Arun Chandra, Advocate, for the petitioners.
Ashutosh Mohunta, J. (oral)
The petitioners, who are the wife, sons and daughter of late Dalip Singh, have prayed that direction be issued to the respondents to pay them the disability pension on account of the disability suffered by Dalip Singh, husband of petitioner No.1 and father of petitioners No.2 to 4.
The husband of petitioner No.1 was serving in the Army as SPR in General Engineering Group, Roorkee. He was discharged from service on 22nd September, 1963 after rendering more than ten years of service. After discharge, Dalip Singh filed a civil suit before the court of Additional Civil Judge (Senior Division), Bathinda claiming disability pension. The suit has been dismissed vide judgment dated 13th August, 2002. Thereafter, Dalip Singh filed an appeal which has also been dismissed vide judgment dated 16th August, 2003.
Thereafter, the husband of the petitioner No.1 expired and
CWP No.15654 of 2008 2
now the petitioners have taken the same pleas.
As the relief claimed by the petitioners in this petition has already been adjudicated upon by the civil court, therefore, they are not entitled to claim any disability pension on account of the disability suffered by Dalip Singh, husband of petitioner No.1 and father of petitioners No.2 to 4.
No merit.
Dismissed.
(ASHUTOSH MOHUNTA)
JUDGE
(RAJAN GUPTA)
JUDGE
September 04, 2008.
'rajpal'
1 issue framed by the court
Whether petitioners are entitled to disability pension after a civil court dismissed the claim following the veteran soldier's death.
Satinder Kaur & others
Union of India
Ashutosh Mohunta
Rajan Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
