Lucknow :

After a nine-year legal battle, the 103-year-old daughter of a First World War soldier has won back the right to her late father’s pension.

Giving the verdict in favour of Siri Kumari Gurung, the Lucknow bench of the Armed Forces Tribunal ruled that her pension was arbitrarily stopped by the Principal Controller of Defence Account (Pension), Allahabad. Passing the order, a bench of Justice DP Singh, member (Judicial) and Air Marshal Anil Chopra, member termed PCDA decision as “ex-parte and against the canon of just ice”.

The tribunal also imposed Rs 1 lakh cost on the respondents – Government of India and Army officers concerned – which would be given to the petitioner within four months. It also directed the respondents to refund the recovered amount of pension (Rs 1.17 lakh) to her along with 10% interest.

Siri Kumari’s pension was stopped in 2007 on the grounds that she was not entitled to two pensions. She was also asked to refund Rs 5 lakh received in pension. Her father, Naina Singh Gurung, served in the First World War and died in 1916 in Italy. Siri, then a 5-year-old, got family pension which was sanctioned for life with effect from March 1916. Siri now lives in Nepal.

Sire married an armyman in 1930. After her husband’s death in 1964, she became entitled to his pension. This way, Siri started getting two pensions. In 2007, the matter came to the knowledge of Principal Controller of Pension Department, Allahabad. He wrote a letter that her pension sanctioned in 1916 be stopped and since it had been paid illegally, recovery may be made.

source: http://www.timesofindia.indiatimes.com / The Times of India / News Home> City> Lucknow / Arunav Sinha / TNN / April 16th, 2016