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2019 Supreme(SC) 2224

L.NAGESWARA RAO, HEMANT GUPTA
Radhika Devi – Appellant
Versus
Union Of India (UOI) – Respondent


JUDGMENT

L. Nageswara Rao, J. - Leave granted.

1. For the sake of convenience, the parties are referred to as they are arrayed in Civil Appeal Nos. 7525-7526 of 2019 arising out of SLP (C) Nos. 8588-8589 of 2014 filed by Smt. Radhika Devi.

2. Naib Subedar Umed Singh was enrolled in the Army on 13.03.1976. On 19.12.2001, he was posted at the International Border in Operation Parakram. While taking part in the fire fighting drill activities at about 4.00 pm on 21.05.2002, he collapsed and was declared dead. According to the death certificate, he died due to Ischemic heart disease leading to cardiac arrhythmia (ventricular fibrillation).

3. The Respondents granted Special Family Pension to the Appellant. Unsatisfied with the grant of Special Family Pension instead of the Liberalised Family Pension, the Appellant filed O.A. No. 167 of 2011 before the Armed Forces Tribunal, Principal Branch, New Delhi (for short "the Tribunal"). The Tribunal dismissed the O.A. on 23.11.2011, holding that the Appellant was not entitled to either Liberalised Family Pension or ex-gratia payment. Aggrieved by the order of the Tribunal, the Appellant filed a Writ Petition in the High Court of Delhi, which wa

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