SUDESH DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition was initially filed seeking inter alia issuance of directions to the respondents to grant extraordinary pension, payment of Rs.5.00 lacs as ex-gratia payment and Rs.4.00 lacs from Seema Prahari Beema Yojna.

(2.) During the pendency of the writ petition, however, the respondents issued a direction that extraordinary pension be paid to the petitioner. Therefore, the present petition now survives only for the purpose of consideration of as to whether or not a direction should be given to the respondents to grant ex gratia payment of Rs.5.00 lacs and another sum of Rs.4.00 lacs from Seema Prahari Beema Yojna

(3.) The petitioner is the widow of late Constable Ajay Kumar, who was serving in the Border Security Force and died in harness on 14.9.2000 due to cardio respiratory failure following the disease Cerebro Vascular Accident. Upon his death, normal family pension and other pensionary benefits as admissible in case of normal death were released in favour of the petitioner and the said fact was intimated by the respondents by the letter dated 15.1.2002. It was further intimated by the said letter that since Cerebro Vascular Accident is not included in Extraordinary Pension Rules, therefore, extraordinary pension in respect of the husband of the petitioner cannot be paid. Accordingly, the present petition was filed in this Court seeking for the aforesaid reliefs.