SUNITA DEVI Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) Petitioner, a widow of Rifleman Late Jagat Singh, aggrieved against non-grant of ex-gratia compensation/extra ordinary family pension, inter alia, seeks issuance of a writ in the nature of certiorari to quash order/letter dtd. 27/7/2014 (Annexure P-4), vide which the same has been denied to her on the ground that her husband's death was due to sudden cardio- respiratory arrest. Hence it was held that ex-gratia is not admissible as he did not die in harness.

(2.) A consequential writ in the nature of mandamus has also been sought directing the respondents to grant full arrears of extra ordinary family pension/ex-gratia compensation by treating the aforesaid death being 'attributable to service' in accordance with the applicable policy/law.

(3.) The foremost question that arises for adjudication herein is whether the death of petitioner's husband due to "sudden cardio-respiratory arrest/ Myocardial Infraction." while he was on active bonafide military duty is to be treated as a death in harness? Whether the administrative action of the respondents in disregarding/over-ruling the opinion of the Competent Military Authorities (Commanding Officer and Brigade Commander) declaring the said death as "attributable to military service" and also a death in harness by duly constituting Statutory Court of Inquiry is sustainable in law?