PHOOL KAUR Vs. UNION OF INDIA

JUDGEMENT

(1.) In the present writ petition filed under Article 226/227 of the Constitution of India the petitioner seeks the benefit of dual extra-ordinary family pension w.e.f. 24.09.2012 as per the amended pension regulation dated 17.01.2013 (Annexure P-3) with all consequential benefits alongwith interest.

(2.) The claim is made on the basis that the husband of the petitioner, namely, Ramphal retired as Naib Subedar from the Army and after the retirement he had joined BSF in 1990. While serving with the Battalion No.1, he became seriously ill and was admitted to Silchar Medical College and Hospital on 30.04.1993 and expired on 03.05.1993. The death was due to 'Cereberal Heomerage' and it was stated to be on account of relating to service while performing duty in the area of Silchar where Cerebral Malaria is common. Reliance has been placed upon death certificate (Annexure P-1), in which the cause of death is mentioned.

(3.) The petitioner was drawing family pension of Naib Subedar from the Army, since the husband had earlier retired from the Army. On account of dual family pension granted vide letter dated 17.01.2013 (Annexure P-3), which was permissible from 24.09.2012, the demand as such was made on 09.05.2016 (Annexure P-4). Resultantly, the present writ petition has been filed on the ground that the death was due to aggravation and attributable to service and the petitioner's husband was found medically fit at the time of joining the service.