MOHINDER KOUR Vs. UNION OF INDIA
LAWS(J&K)-1999-1-10
HIGH COURT OF JAMMU AND KASHMIR
Decided on January 01,1999

Mohinder Kour Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

- (1.) Heard learned counsel for the parties. Petition admitted. Taken up for final disposal. Petitioner's son was serving in Jammu and Kashmir Light Infantry. He was on a casual leave. While he was availing this leave, he met with an accident. The petitioner is claiming pensionery benefits being the mother of the deceased.
(2.) All the facts are admitted. The only dispute is whether an army personnel while on casual leave is entitled to the pensionery benefits are not
(3.) Respondents have filed objections. It is admitted that eleven days casual leave was allowed to the son of the petitioner. It is also admitted that a speeding matador coming from the opposite direction hit the scooter on which the petitioners son and another pillion rider were coming from R.S. Pura. Both of them died in the said accident. Petitioners son was a bachelor. He had nominated his father Gurdayal singh as the next of his kin. The family pension case was rejected by the Controller of Defence Accounts (Pension) Allahbad. A conclusion has been arrived at that the death occurred when Gurmeet singh was not on army duty. As indicated, the above is the basic ground for rejection of the claim of the petitioner.;


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