SHAKUNTLA BISHT Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is the mother of late D.S.Bisht, who was serving as Assistant Commandant in 80 Battalion, Border Security Force, and who died in a road accident while he was undergoing signal training in Signal Training School, Tigri Camp, New Delhi. The petitioner claimed extraordinary pension under Central Civil Services (Extraordinary Pension) Rules. On the 19th of November, 1996, the Ministry of Home Affairs had rejected petitioner's claim of extraordinary pension on the ground that the deceased was not strictly on Government duty/service, at the time of his death and, therefore, extraordinary pension was not admissible to the dependent parents.

(2.) The fact that late D.S.Bisht was deputed for depute for Signal Course at Signal Training School, Tigri Camp, New Delhi is not disputed. On that fateful day, i.e., 12.7.95, the deceased had taken permission to go out of the Camp and met with an accident.

(3.) The main question is: Whether the accident occurred during the course of employment and whether the deceased, the son of the petitioner, could be stated to have been not strictly on Government duty/service, at the time of his death? It is stated in the Counter-affidavit: