RAJESH KUMARI Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) THE petitioner claims directions that the respondent (hereinafter referred to as 'CRPF') should recommend her case and ensure that she is paid extraordinary pension in view of the untimely death of her husband -on 17.04.2009. Petitioner's husband was Head Constable with the CRPF deployed on election duty in Jammu and Kashmir.

(2.) THE essential facts are undisputed; the petitioner's husband late Ravinder Singh joined the CRPF on 14.05.1988 as a Constable. He was subsequently promoted as Head Constable. In that capacity, he was deployed as Section Commander at Booth No. 25 in Darhal District, Rajouri, Jammu & Kashmir during the April, 2009 Elections. He died in the night intervening 16th/17th April, 2009. The cause of death determined by the post -mortem was "cardiac arrest". The Court of Enquiry was subsequently ordered which went into the causes of death. This also took note of the medical documents and other materials on the record and on 30.07.2009 recommended that the petitioner should receive all benefits. It is not in dispute again that the CRPF has extended family pension which the petitioner is entitled to in terms of the policies applicable to Central Government employees. Her claim is that despite request, extraordinary pension, in terms of the Central Civil Service (Extraordinary Pension) Rules -alleged to be payable by the respondents on account of her husband's untimely death on duty, has not been released. It is pointed out on behalf of the petitioner that the joint reading of Rules 2, 3, 3A(1)(b) and 5 entitles her the pension. It is submitted that the petitioner was never diagnosed with any cardiac disease and that his death was directly attributable to the duties he was assigned. The CRPF contends that even though late Head Constable Ravinder Singh died due to cardiac arrest, the petitioner cannot claim extraordinary pension. The CRPF relies upon the Court of Enquiry report which states that the disease or condition which led to the petitioner's husband's death was not attributable or aggravated by employment with the CRPF. It is pointed out further that the death of late Head Constable Ravinder Singh occurred whilst he was asleep and not on duty.

(3.) RULE 3 -A (1)(b) inter alia reads as follows: - -