PHOOLWATI DEVI Vs. UOI

JUDGEMENT

(1.) The instant writ petition has been filed by the widow of Late Head Constable Devender Kumar praying for grant of extraordinary pension for the reason that her husband died in extraordinary circumstances in circumstances directly attributable to his service. The brief facts giving rise to instant petition are in narrow compass and are undisputed.

(2.) Late Head Constable Devender Kumar was enrolled in the BSF on 10th July, 1974 after careful medical examination by the recruiting medical authorities which found him free from any kind of disease. He was promoted up to the rank of Head Constable. It is an admitted position that even up to the time of his death, he was in Shape-I (fit in all respects) so far as his medical status and fitness is concerned.

(3.) Unfortunately on 16th June, 2000, a party of 122 Battalion, BSF consisting of one Sub-Inspector and 16 other ranks including Head Constable Devender Kumar were required to proceed from the Battalion Headquarter Tagorevilla to Tactical Headquarter (THQ), Training Centre and School (TC&S) to Hazaribagh. This party of jawans had got down from Doon Express at Railway Station, Koderma and was proceeding towards Tactical Headquarter, Hazaribagh by a government 5 ton vehicle. The Second-in-Command of this unit was also proceeding from the Tactical Headquarters in a Gypsy along with 5 ton vehicle in which the jawans were proceeding. When the party was about 7 kms short of Hazaribagh, Head Constable Devender Kumar who was occupying the co-driver seat became unconscious and was not responding to any command. The matter was informed to the Second-in-Command in the Gypsy. There was no hospital in the near vicinity and consequently he had to be evacuated to the Civil Hospital at Hazaribagh Town. The respondents have stated that no doctor was available in the Civil Hospital and consequently he had to be shifted to the BSF Hospital at Training Centre and School (TC&S), Hazaribagh. On examination, the Medical Officer declared the patient as having been brought dead. So far as cause of death is concerned, it was a identified as 'Cardiac Arrest' owing to the massive heart attack. The petitioner has claimed that the death of her husband was attributable to the exigencies of service and that she is entitled to grant of extraordinary family pension as per the CCS (Extraordinary Pension) Rules, 1972.