JASBIR KAUR vs UNION OF INDIA & ORS

Judgment text excerpt

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 21.02.2025 + W.P.(C) 2122/2025 JASBIR KAUR .....Petitioner Through: Ms.Ananya Roy, Mr.Umesh Sharma and Mr.Ritesh Kumar Kaushik, Advs. versus UNION OF INDIA & ORS .....Respondents Through: Mr.Piyush Gupta, CGSC with Mr.Prateek Gupta, Mr.Atishay Jain, Mr.Sudhanshu Sharma, Ms.Nidhi Bhati, Mr.Satjeet Gill and Ms.Kamya Chawla, Advs. for UOI. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE SHALINDER KAUR NAVIN CHAWLA, J. (ORAL) CM APPL. 10036/2025 (Exemption) 1. Allowed, subject to all just exceptions. W.P.(C) 2122/2025 & CM APPL. 10035/2025 2. This petition has been filed by the petitioner, praying for the following reliefs: - “A. Quash the impugned orders dated 16/5/2024 passed by AFT, PB in OA No. 1303/2022 and issue directions to make necessary calculation as per the provisions of Special Family Pension instead of Ordinary family pension w.e.f. 23.05.2021 by declaring the disability of Petitioner's husband (infested Signature Not Verified Digitally Signed W.P.(C) 2122/2025 Page 1 of 6 By:SUNIL Signing Date:25.02.2025 18:35:41 in year 2014 after 15 years of strenuous mil service) as attributable and further aggravated (during further 7 years of service stressor in LMC) to mil service; and/or B. To direct respondents to grant benefit of rounding off of Disability element of the deceased soldier @50% as per settled law upheld in the case of Ram Avtar by Hon'ble Supreme Court, considering the fact that disability of PH is presumed to be more than 20% (in worst case any disability less than 20% presumed to be 20%); and/or C. Direct the respondents to credit amount in lieu of Capitalized value of 50% service pension as consent by her husband prior to discharge in terms of Discharge Roll dt. 20.09.2020 f