RAJNI VOHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) Appellant Smt. Rajni Vohra is the widow of late Lt. Col. N.K. Vohra. Late Lt. Col. N.K. Vohra was commissioned in the Indian Army in Gorkha Regiment on 30th June, 1963. He served the Indian Army in high altitude areas in North East Frontier Area (in short NEFA), filed areas and in the State of Jammu & Kashmir between the period from 1963 to 1974. He took active part in 1971 war with Pakistan. From 1974 onwards he was posted at Madras. In July, 1976 after about 3 weeks of strenuous exercise Late Lt. Col. Vohra suffered heart problem. He was admitted in Military Hospital where it was diagnosed to be case of inferior infraction. Because of that heart ailment he was placed in Low Medical Category. his case was reviewed as per Army Medical Regulation periodically. In the year 1986-87 husband of the appellant was posted in the State of Punjab at Nabha. He attended exercise Brass-Tacks and Op-Trident during the end of 1986/ beginning of 1987. In 1986-87 situation in Punjab was tense because of militancy. The army officers posted in Punjab during that time were under stress and strain because of the tense situation prevailing in the State. In May, 1989 late Lt. Col. N.K. Vohra was posted in Jam Nagar for ground liaison duties with the Air Force Station Jam Nagar involving planning and execution of Air Force Sorties for ground attack. In August, 1990 late Lt. Col. Vohra was asked to attend important training exercise involving planning and execution of operational plans in actuals involving mental stress and strains. It is the case of the appellant that on account of mental stress and strain the heart ailment with which late husband of the appellant was suffering got aggravated. He developed problems as a result of which he was evacuated to Military Hospital, Jodhpur where Lt. Col. Vohra died on 28.8.1990. The doctors at Military Hospital Jodhpur certified the cause of death to be the disease which aggravated due to stress and strains of Military Service. The Commanding Officer of the Unit also opined and endorsed the view of the doctors of the Military Hospital, Jodhpur that the cause of death was that disease got aggravated due to stress and strains. The endorsement by the Commanding Officer of the Unit is dated 24.9.90.

(2.) According to the appellant since her husband died on account of the disease having been aggravated due to the Military Service, therefore, was entitled to special family pension and special children allowance in terms of Regulation 85 of the Pension Regulations for the Army, 1961 Part-I (in short PRA). Respondent, however, sanctioned ordinary Family Pension in her favour in November, 1990 which stood reduced to half w.e.f. 30.8.1997. The claim of special family pension and special children allowance made by the appellant herein was rejected by the respondent on the plea that the death of her husband late Vohra was neither attributable to military service nor aggravated due to military service. Appeal filed by the appellant was also rejected.

(3.) It is in these circumstances she approached this Court by way of writ petition. By the impugned order the learned Single Judge dismissed her writ petition primarily on the ground that the "Competent Authority" rejected her claim and that the appellant had failed to establish that the disease from which her husband suffered was due to the service condition and circumstances of the duty attributed.