KELA DEVI Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) In the present petition, the petitioner seeks writ in the nature of mandamus directing respondents to grant extra-ordinary family pension on account of death of the husband of the petitioner who has stated to have died on account of illness because of Tuberculosis which was contracted due to service in hilly areas.

(2.) The respondents have treated the death of husband of the petitioner as natural death as Const./Bug Ram Chander had died during his posting at Amritsar way back on 1/11/1991. It is admitted case of the petitioner that since the date of his death she had taken family pension for all these 25 years and chose not to agitate her grievance for grant of extra- ordinary family pension which has now been raked up by serving legal notice dtd. 12/10/2017 (Annexure P/1).

(3.) Counsel for the petitioner has heavily relied upon the observations of the Division Bench in Ex. Naik Umed Singh Vs. Union of India and others 2014(3) Service Cases Today 469 that the limitation is not such a bar. It is submitted that the benefit can be granted.