MANJIT KAUR Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) This writ petition has been filed under Articles 226/227 of the Constitution of India for directing respondents to release 'Liberalized Family Pension' to the petitioner by treating the death of husband of the petitioner as a 'Battle Casualty'. A further prayer has been made for quashing the rejection letters dated 1 8.09.2006 (Annexure P9), 26.10.2006 (Annexure P10) and. 09.12.2006 (Annexure P-11), as the same are arbitrary and illegal.

(2.) The admitted position is that the husband of the petitioner was enrolled in the Army as Havildar on 08.09.1976. He was on contract for a period of 15 years in colour and 2 years in reserve. He served with 278 Medium Regiment. The husband of the petitioner sustained injuries while trying to hook his gun with Karaz 10 tanner at about 15:30 hours near Devasar after completion of conversion course shooting at Mahajan Field Firing Rangers on 15.09.1988. Subsequently, the petitioner was evacuated to 184 Military Hospital, Suratgarh at about 20:00 hours on the same day. He died on 20.09.1988 at 184 Military hospital due to Septecemia and Haematoma in messenteric vessels and Peritonium and Gangrene of small intestine and Gangrene led to Septecemia. It is admitted position that the death of the husband of the petitioner was attributable to military service while on duty in peace area. It is also admitted that marriage between Joginder Singh (deceased) and the petitioner was solemnized on 11.10.1982 and to the petitioner was nominated as next of kin, heir of estate and for entitlement to family pension. On death of Havildar Joginder Singh, all terminal benefits were paid to the petitioner. The grievance of the petitioner is for grant of 'Liberalized Family Pension'.

(3.) Learned counsel for the petitioner has contended that liberalized pension is being denied to the petitioner vide impugned order dated 09.12.2006 (Annexure P11) on the ground that the liberalized pension is to be granted account of casualties due to live ammunition during battle inoculation/training exercise or demonstration with live ammunition. A reference has been made to SAO No. 8/S/85 (Annexure P5) and sub-para (xii) to contend that there is no provision for the casualty due to live ammunition.