253wp877.10.odt 1 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.877 of 2010 (Kiran wd/o. Ramesh Suryavanshi .vs. Govt. of India and Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: D. D. Sinha and F. M. Reis, JJ. Date : 25/03/2010. Heard Mr. Naresh Kolhe, Adv. for petitioner and Mr.S.K.Mishra, Assistant Solicitor General of India for Respondent No.1. This petition is directed against the order dt. 29.10.2008 passed by respondent no.2 as well as the order passed by the appellate Authority dt. 16.07.2009 whereby the claim of husband of the petitioner for disability pension came to be rejected. The case of petitioner is that, the husband of petitioner, who was serving in the Army, developed the HIV infection while he was serving in the Army and therefore, developed disability, which was attributable to the military service and therefore, was entitled to get invalid gratuity and other benefits including disability pension. It is contended that the respondents though granted invalid gratuity and other benefits, however, rejected the claim of the husband of petitioner for grant of disability pension without any justification. Hence, the present petition. Mr.S.K.Mishra, Assistant Solicitor General of India for Respondent no.1 has supported the impugned order and contended 253wp877.10.odt 2 . that the disability incurred by the husband of petitioner was not attributable to the military service and therefore, the Authorities were justified in rejecting the claim of husband of petitioner for disability pension. Considered the rival contentions. Perused the impugned order. In para 5 of the impugned order dt. 29.10.2008, the Authority has given the following reason for disallowing the claim of husband of the petitioner for disability pension, which reads thus : “5. As per disability Pension of your husband the disability of your husband was assessed by medical authority 40 % for two years. The disability claim was prepared and forwarded to PCDA (P) Allahabad vide this office letter No.4187944H/13/DP, dated 19th March, 2002 with a copy to your husband. The same was adjudicated in consultation with medical advisor by the PCDA (P) Allahabad, which was rejected by the granting authority being neither attributable to nor aggravated by military service. However, legitimate amount for a sum of Rs.53,947/- on account of invalid gratuity and Rs.26974/- on account of death cum retirement gratuity was sanctioned and paid to your husband and was already informed accordingly vide this office letter No.4187944/24/DP, dt.05 Dec., 2002. In this connection, please also refer to this office letter No.4187944/24/DP, dt.30 Aug., 2008. “ 253wp877.10.odt 3 . Perusal of the above reason clearly shows that the disability developed/incurred by the husband of petitioner cannot be attributed to the military service. In that view of the matter, the conclusions arrived at by the Authorities concerned are just and proper. No interference is called for. Hence, the present petition is dismissed. JUDGE JUDGE jais