UNION OF INDIA & ORS. vs SMT. GUDDI BISHT W/O 1278283Y LATE HAV PURAN CHANDRA SINGH BISHT

Judgment text excerpt

$~88 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 16268/2025, CM APPL. 66522/2025 & CM APPL. 66523/2025 UNION OF INDIA & ORS. .....Petitioners Through: Mr. Prajesh Vikram Srivastava, SPC and Mr. Dipanshu Sharma, Adv with Major Anish Muralidhar, Army. versus SMT. GUDDI BISHT W/O 1278283Y LATE HAV PURAN CHANDRA SINGH BISHT .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT(ORAL) % 27.10.2025 C. HARI SHANKAR, J. 1. This writ petition assails the order dated 31 July 2023, passed by the learned Armed Forces Tribunal1 in OA 672/20202. 2. The respondent Guddi Bisht is the widow of one Havaldar Puran Chandra Singh Bisht3. Puran was enrolled in the Indian Army on 5 August 1965. Consequent to the death of his first wife, Puran married the respondent on 1 May 1977. The Tribunal has recorded, in the impugned order, and it is not in dispute before us, that, consequent on the marriage of Puran with the respondent, the respondent’s name 1 “the Tribunal” hereinafter 2 Smt Guddi Bisht v Union of India and others. 3 “Puran” hereinafter W.P.(C) 16268/2025 Page 1 of 10 Signature Not Verified Signed By:PREETI Signing Date:29.10.2025 18:33:05 was recorded in the service records of Puran as his legal heir for the purposes of receipt of family pension. 3. On 29 April 1978, Puran died, following an electric shock. A Court of Inquiry4 was constituted to enquire into the cause of death. The COI, in its report dated 12 October 1978, clearly opined that the death of Puran was attributable to military service. 4. Ordinarily, this should have sufficed for Special Family Pension to have been released to the respondent. The respondent duly applied for grant of Special Family Pension. The application was forwarded to the Pension Sanc