VIKRAM SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE instant writ petition has been filed by the two sons of Late Superintendent Ram Kishan and his widow Late Smt. Dhanpati Devi. The brief admitted facts essential for adjudication of the present petition are noticed hereafter. Late Superintendent B/R -l Ram Kishan was appointed in the General Reserve Engineer Force (referred to as 'GREF') on 16th November, 1984. While serving with 1353 Garrison Engineer on 19th June, 2008 at about 1015 hrs and while returning to the worksite after discussion with Deputy Commandant of Eastern Base Workshop, he complained of chest pain. As per the respondents, he was evacuated to the Baptist Christian Mission Hospital near Mission Charali, Tezpur (Assam) and died due to acute myocardial infarction which was attributable to his service entitling his widow to the grant of extraordinary family pension.

(2.) COL . Kalkal, learned counsel for the petitioners has contended that extraordinary pension scheme for grant of extraordinary pension has been formulated by the Government of India, Ministry of Personnel, Public Grievances and Pension vide the letter dated 3rd February, 2000 which is based on the recommendation of the 5th Central Pay Commission applicable from 1st January, 1996. It is urged that the petitioners? claim falls under category B which reads as follows : - "Category 'B': Death or disability due to causes which are accepted as attributable to or aggravated to Government service. Diseases contracted because of continued exposure to a hostile work environment, subject to extreme weather conditions or occupational hazards resulting in death or disability would be examples."

(3.) SO far as the medical condition of Late Superintendent Ram Kishan is concerned, the respondents have pointed out that at the time of his enrolment and fight upto his death, late Superintendent Ram Kishan was in the medical category GREF -1 that is very fit and was therefore not suffering from any ailments. Therefore, he would not fall under the prohibition in Category A inasmuch as he was suffering from a chronic heart ailment.