SAWARAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Phuman Singh, son of the petitioner, joined Indian Naval Service as Artificer Apprentice on 2.8.1986. On completion of his training he was posted as AA(W)4 Aircraft Apprentice Weapons 4 at I.N.S. Kunjali, Colaba, Bombay. He was sent on temporary duty on 23.3.1992 to N.A.S. Ramnad in District Ramnathpuram, Tamilnadu. He was assigned the duties of the post of AA(W)4. On 13.4.1992 the deceased along with S. Singh L.P.M., proceeded on some operation to Rameshwaram He was declared dead by drowning on his way to Rameshwaram at about 12.30 PM. Petitioner received two telegrams on 16.4.1992 to that effect. Petitioner thereafter clamoured for the grant of special pension, but the same was denied to him. Hence this writ petition at his instance.

(2.) The case of the respondents is that Phuman Singh son of the petitioner went on liberty during off duty time and died due to drowning, which is not attributable to Naval services. According to the respondents the sailor was on floric of his own and therefore, special family pension regulations are not applicable in his case. The investigations revealed that it was a case of accidental drowning and no foul play was suspected. As the death of the sailor was not attributable to Naval Services, petitioner is not entitled to special family pension under Pension Regulations (Navy) 1964. Even an ordinary pension is not admissible to the father of the sailor as he died as a bachelor.

(3.) During the course of arguments learned counsel for the parties agreed that the controversy relating to the grant of special family pension to the father of the deceased sailor, is squarely covered by the Division Bench judgment of this Court in CWP 10170 of 96, Jarnail Singh v. Union of India & Ors., 1997 3 SCT 484 decided on 11.3.1997 and the son of the petitioner is to be considered on duty while on casual leave. For the view taken in that case, the father of the deceased sailor is entitled to the grant of special pension. Accordingly this writ petition is allowed and the Union of India is directed to now consider the case of the petitioner for the grant of special pension by treating his son on duty at the time of his death. The case of the petitioner for the grant of special pension shall be considered by the Union of India at a very early date, preferably within a period of six months. No costs.