RADHIKA DEI Vs. UOI

JUDGEMENT

(1.) By the present writ petition, the order dated 23rd September, 2011 passed by the Armed Forces Tribunal, rejecting the petitioner's prayer for grant of liberalized family pension and ex gratia payment on account of the death of her husband Naib Subedar Umed Singh, has been assailed. The facts giving rise to the instant writ petition are within a narrow compass. Naib Subedar Umed Singh was enrolled in the Army on the 13th March, 1976 undisputedly having been found physically and medically fit. No entry of existence of any disease at the time of his enrolment, was recorded on the A.F.M.S.F. 2 which is recorded for the purpose by the respondents. It is also an admitted fact that on 19th December, 2001, Naib Subedar Umed Singh was posted on the international border in the Operation 'Parakram' which was an Operation specifically so notified by the Central Government. It has been pointed out that this operation was undertaken after the attack on the Parliament House in Delhi in the year 2001. While taking part in fire fighting drill activities in the unit between 1550 hrs. to 1600 hrs., Naib Subedar Umed Singh suddenly collapsed while he was running. Emergency resuscitative measures were unsuccessful and he was declared dead at 1545 hrs. on 21st May, 2002. So far as the cause of death is concerned, it has been recorded as "Sudden Death. Acute MI".

(2.) Mr. Kalkal, learned counsel for the petitioner has drawn our attention to the certification of the circumstances in which Naib Subedar Umed Singh died. Our attention has been drawn to the certification on the 20th October, 2004 by the Officer Commanding of 167 Military Hospital who has certified as follows:-

(3.) We are informed that demise relates to aggravation and refers to the eye to eye contact with the enemy. The report of the autopsy performed at Nb Sub. Umed Singh is also to the same effect.