SHARITA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner's claim for grant of Special Family Pension was rejected by the respondents on 22.2.1996.

(2.) The case of the petitioner tersely stated in the following terms. The husband of the petitioner was enrolled as Craftsman (Cftn MV) in the Army, Corps of EME on 19.12.1987. The husband of the petitioner was subjected to medical examination at the time of entry into service. He was declared medically fit and placed in medical category 'AYE'.

(3.) He was posted to 723 Transport Workshop Company of 32 AME Bn. C/o 99 APO located infield arein Assam, which is presumed to be prone to water borne diseases because of environmental conditions. During the course of his service in the same area he developed the disease "Non-semi Nomatous Germ Cell Tumor". He also underwent operation and on 11.12.1994, he was sent to his home town on being invalided out on medical grounds with 100%disability. 0n31.12.1994hedied leaving behind him, his wife and a minor son as his legal representatives. The petitioner has stated that the ailment of her husband was owing into the conditions in Assam where he was serving and therefore, it was attributable only to Military service. The fourth respondent (The Officer Incharge, Records, EME, Records Secundrabad) forwarded the relevant documents for grant of Special Family Pensiontothethirdrespondent(Controller of Defence Accounts (Pension),Allahabad. The respondents had released Rs. 82,500.00 towards the payment of disability benefits. The respondents had also released payment of death benefits.