1 S.B. CIVIL WRIT PETITION NO.3617/2006 (Smt. Fef Kanwar Vs. U.O.I. & Ors.) Date of Order :: 14.07.2008 HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.M.S. Panwar, for the petitioner. Mr.V.K. Mathur, for U.O.I. In this case, the petitioner is claiming pension for the services rendered by her husband in the Indian Army w.e.f. 19th July, 1942 to 01st November, 1947. Vide Annexure-20 dated 05th August, 1998, petitioner was informed that her husband worked only for 5 years, 3 months and 12 days and the qualifying service for granting pension is 10 years. Hence, she was not entitled for any pensionary benefit. Learned counsel for the petitioner while inviting attention of this Court towards judgment reported in 2005 (4) RDD 869 (Raj.) (Smt.Sajjan Kanwar Vs. Union of India & Ors.) submitted that in similar circumstances, the family pension was denied and learned Single Judge of this Court while allowing the writ petition passed the following order:- “9. In view of the discussion made the writ petition is allowed. The letters dated 13.12.1945 and 12.03.1947 (Annexure-R/1 and R/2) are set-aside and the directions are issued to the Government to calculate the mustering out pension to the petitioner from the date of disengagement in the Army. The 2 same be calculated and made over to the helpless widow, the petitioner herein who may be on the verge of her life tenure. A further direction is issued to the respondents to find out the entitlement of the petitioner with regard to family pension after death of her husband and if she be entitled to the same to make over it to her as expeditiously as possible. The directions issued by this Court must be complied within a period of two months from today. This Court does not find it to be a case where the petitioner may also be entitled to interest or costs..” In this view of the matter, I deem it just and proper to grant liberty to the petitioner to file fresh representation along with copy of the said judgment rendered by learned Single Judge in Smt.Sajjan Kanwar (Supra). Upon filing the said representation, respondents are directed to decide the case of the petitioner for grant of pension in the light of the said judgment within a period of three months from the date of filing of representation by the petitioner. With the above direction, the writ petition is disposed of. (GOPAL KRISHAN VYAS),J. A.K. Chouhan/-