MANJU TIWARI Vs. UNION OF INDIA

JUDGEMENT

(1.) By this writ petition, the widow of late Lance Naik Urba Dutt, who is stated to have died in Operation Vijay, during the Kargil War, seeks a writ of mandamus, commanding the respondents to release liberalised family pension to her with effect from 12 August 1999 along with interest on the arrears of pension.

(2.) The husband of the petitioner, who was enrolled as Combatant Soldier in the year 1983, was posted with Kumaon Regiment. During the Kargil War, in Operation Vijay, he was deployed on Pakistan border in Sriganganagar Sector of Rajasthan. During the said operation, on 11 August 1999 he died a sudden death. The death/medical certificate issued by the army authorities reads as follows: 'Medical Certificate in Case of Death All Ranks Certified that Name Urba Dutt No.14701243A Rank L.Nk Unit 8 Kumaon Regiment Died/was killed was killed in action on 11.08.99 at 03.25. MO I/c MI Room 176 Mil Hosp Disease Opinion directly leading to death SUDDEN DEATH CAUSE UNKNOWN Antecedent Cause CARDIAC RESPIRATORY FAILURE Station C/o 56 APO Major Date 11.8.99 Mo I/c MI ROOM

(3.) According to the petitioner her claim for liberalised family pension is covered by the Instructions issued by the Government of India, Ministry of Defence, on 31 January 2001. It is averred that her husband having died in harness after 1 January 1996, her case fell in category -E of the said Instructions and, therefore, she is entitled to liberalised family pension. It is pleaded that the respondents have wrongly treated her case as falling in Category-B of the said Instructions and granted her only special family pension. It is alleged that since there was no response from the respondents to various representations made by the petitioner for payment of liberalised family pension, she had no option but to take recourse to the present judicial action.