LAWS(P&H)-2019-7-303

KRISHNA DEVI Vs. UNION OF INDIA

Decided On July 02, 2019
KRISHNA DEVI Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The present writ petition under Article 226/227 of the Constitution of India has been filed for the grant of extra-ordinary family pension. The husband of the petitioner had served with CRPF 114 Battalion for 32 years. He expired on 02.10.2001 due to Carcinoma Cancer at Base Hospital, New Delhi. The family pension was granted on 02.10.2001.

(2.) The case was agitated for the first time regarding production of medical documents in June, 2014, after 13 years of the death of the service man which would be clear from Annexure P-1, the reply sent to the petitioner. The respondents had replied that the postmortem was not done as he died due to Cancer and documents with regard to his medical were not available. The request for extra-ordinary family pension was, accordingly, rejected vide Annexure P-2 in January, 2015, qua the application which was filed on 29.12.2014.

(3.) Counsel has submitted that on account of the fact that the petitioner was serving with the CRPF, the disease was attributed to Government Service and, therefore, the impugned order declining the same was not justified.