SEYO BAI Vs. UNION OF INDIA

JUDGEMENT

(1.) Smt. Seyo Bai wife of late Rajpat Yadav has approached this Court under Article 226 of the Constitution of India praying for quashing of order dated 30th August, 1988, Annexure P-3 to the writ petition, vide which she was denied grant of special family pension with effect from 4th July, 1987 i.e. the date of death of her son J. Singh along with arrears.

(2.) The necessary facts are that deceased J. Singh No. 691923 was enrolled in the Indian Air Force as an Airman on 27th December, 1983. His conditions of service were regulated by Air Force Act, 1950 and the rules framed thereunder. He had come on his annual leave from his parent unit in April, 1987. While on annual leave, he fell ill and reported sick to his nearest military hospital i.e. Army Hospital, Delhi Cantt on 15th April, 1987. On 1st July, 1987, he was discharged from the Hospital and was ordered to proceed on 8 weeks sick leave with effect from 2nd July, 1987 to 26th August, 1987. Thereafter, he was to report at Army Hospital, Delhi Cantt. The deceased reached his home in Village Mandola, District Rewari by bus. He met his parents and had dinner along with them. He slept at 2200 hrs without any problem and complaint. On 3rd July, 1987, according to petitioner, the deceased got up from the bed at 0530 hrs. He felt uneasy and was brought to a Local Registered Medical Practitioner, who gave him first aid and advised him to be taken to Civil Hospital, Rewari. He was being taken to Civil Hospital, Rewari by his family members where hospital authorities had advised to take him to the Army Hospital, Delhi Cantt. When he was taken to Army Hospital, Delhi Cantt., he died near Bilaspur Bus Stand. The respondents were informed about the death of the deceased on 3rd July, 1987 itself through Commanding Officer No.22 sqn. C/O 99 APO. The petitioner being mother of the deceased submitted pension papers for grant of special family pension. However, the Record Office vide letter dated 30th August, 1988 informed the petitioner that her case for grant of special family pension has been rejected. Against this order, the petitioner filed an appeal on 26th October, 1988. Vide letter dated 31st May, 1989, the Records Officer sought some information from the petitioner, which she furnished. However, no communication was received by the petitioner thereafter. Govt. of India Ministry of Defence vide Notification dated 26th August, 1998 provides that family pension would be allowed to the parents of the deceased soldiers. The petitioner had filed civil writ petition No.992/90 for grant of family pension, which was subsequently withdrawn.

(3.) It is the contention of the petitioner that her son had died while he was sick and on duty. Her son was sent on sick leave for a period of 8 weeks when he unfortunately died. According to the petitioner, a person who is on annual leave is deemed to be on duty. The provisions of Regulation 173 A of the Pension Regulations for the Army, 1961 clearly entitles such person, who has been placed in permanent low medical category and also the fact that in terms of Appendix II to Regulation 173, the case of the petitioner would be fully covered for payment/grant of special family pension.