KAMLESH DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner before this court has assailed the order dated 21st October, 1997 passed by the Armed Forces Tribunal rejecting the petitioner's prayer for grant of disability pension and special family pension with regard to unfortunate death of her husband late Sepoy Bijender Singh.

(2.) The facts giving rise to the present petitioner to the extent necessary are set down hereafter. Sepoy Bijender Singh was enrolled with the Indian Army on 8th August, 1990 after completing medical examination without any disease at the time of enrolment. Sepoy Bijender Singh was posted in Jammu and Kashmir area where he was detected as suffering from Cancer. Treatment for this disease was administered by the army medical authorities. The Cancer kept on spreading and, in the year 1995 his right leg had to be amputated. It is noteworthy that the jawan continued to serve the Indian Army over this entire period even after his amputation. The family of late Sepoy Bijender Singh was finally called to Jammu and Kashmir in September, 1995 to take the jawan home with them.

(3.) Our attention has been drawn to the Summary and Opinion of the Classified Specialist in Medicine, Medical Oncology dated 16th July, 1995 who has made the following observations with regard to the medical condition of the jawan:-