BHANWAR KANWAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is praying for grant of special family pension on the ground that her husband, who was in the Indian Air Force, died while performing his duties due to the disease 'Icheamic Heart Disease' after completion of 16 years and 186 days of service.

(2.) The husband of the petitioner (hereinafter referred to as the 'deceased') joined the Air Force on 16.3.1966 and died on 17.9.1982. The petitioner being his widow was granted ordinary family pension on 27.9.1983. She could be entitled to special family pension only if the cause of death is attributable to the service. The petitioner is in sanction of ordinary family pension with effect from the date her husband died. She kept on getting this pension for almost 20 years and only on 10.12.2003, she made a representation that special family pension be granted to her, which representation was rejected on 31.12.2003.

(3.) In the present case, as mentioned above, even as per the petitioner, her husband died due to heart disease. Whether this disease can be attributable to or aggravated by the Air Force service cannot be determined at this distant point of time, i.e. after the expiry of more than 25 years from the date of his death. In the counter affidavit filed by the respondents, it is stated that at the time of grant of ordinary family pension, his case was examined and the pension sanctioning authority came to the conclusion that the death of the deceased was neither attributable nor aggravated by the Air Force service. The respondents have further mentioned that at this belated stage they are handicapped to vindicate their stand since the medical documents in respect of the deceased have already been destroyed after retaining the same for stipulated period.