LAWS(DLH)-2025-1-101

SEEMA JAMWAL Vs. UNION OF INDIA

Decided On January 17, 2025
Seema Jamwal Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The present petition under Article 226 of the Constitution of India has been filed by the widow of late Inspector (General Duty), Bhagmal Jamwal, who unfortunately passed away while serving with the 54th Battalion (Bn.) in the Indo-Tibetan Border Police Force (ITBPF), seeking the following reliefs:

(2.) The following factual narration unravel the raison d' etre for filing the present petition:

(3.) Mr. Ankur Chhibber, the learned counsel for the petitioner, submitted that the inattentive approach of the respondents, despite the delicate cardiac condition of the petitioner's late husband indicates the lack of seriousness and sensitivity on the part of the Superior Officers. The delay caused in transporting the deceased to a hospital was caused by deficient facilities, coupled with poor decision taken by the Superior Officers of the petitioner's late husband. He submitted that the deceased, prior to his demise had always been healthy, and his Annual Medical Examination had placed him in the Medical Category SHAPE-1 in the year 2014-15. Therefore, his medical condition would be considered as being attributable to service. Reliance has been placed on Dharamvir Singh vs. Union of India and Ors.: (2013) 7 SCC 316, and Venkatesh vs. Union of India and Ors.: 2018 SCC OnLine Del 12909.