Arvind Singh Chauhan (advocate) 27 April 2010
Whether except the writ of mandamus in high court, any govt. authority can be directed by lower to take particular action or to do particular action. Up to what extent mandatory injunction in CPC can be granted in this context.
Can we pray to lower court to direct the army pension shell to pay pension to particular person.
Can lower court can do so?
If yes please suggest the law or provision.
N.K.Assumi (Advocate) 27 April 2010
Good morning Arvind, but can you give a brief of the case?
Arvind Singh Chauhan (advocate) 27 April 2010
Sir,
One person was serving in Army. In 1985 he came to home for two months leave. After completing his vacation he left home but didn't reach to his posting place. In June 1985 her wife received a letter that her husband didn't reach his posting place. She inquired every where but couldn't find his where about. She urged for pesionary benifit and other claims in 2005, but authorities refused that, he has been declared deserter and dismissed from service on 21 oct 1995 thus family pension is not tenable. they paid only Rs/- 4455 for AGI claim as saying that her husband's minimum required installment were not paid. After a long correspondence I issued a notice under 80 C.P.C. in Nov 2009. Now they answers that " her husband was declared deserter and subsequently dismissed from service under Army Act Sec 20(3), as per Army Instruction 51/80 she is not entitled for family pension." Sir her husband had served in Army for more than 20 years, till the date of his last attendance in Army . The widow is not in position of seeking remedy from HC or other authorities. Please guide me how can I help her. Thanks a lot for helping hand.
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