( 1 ) BY this writ petition, the widow of late Lance Naik Urba Dutt, who is stated to have died in Operation Vijay, during the Kargil War, seeks a writ of mandamus, commanding the respondents to release liberalised family pension to her with effect from 12 August 1999 along with interest on the arrears of pension.

( 2 ) THE husband of the petitioner, who was enrolled as Combatant Soldier in the year 1983, was posted with Kumaon Regiment. During the Kargil War, in operation Vijay, he was deployed on Pakistan border in Sriganganagar Sector of rajasthan. During the said operation, on 11 August 1999 he died a sudden death. The death/medical certificate issued by the army authorities reads as follows: medical Certificate in Case of Death All Ranks certified that Name Urba Dutt No. 14701243a Rank L. Nk Unit 8 Kumaon Regiment died/was killed was killed in action on 11. 08. 99 at 03. 25. MO I/c MI Room 176 Mil Hosp disease Opinion directly leading to death sudden DEATH CAUSE UNKNOWN antecedent Cause cardiac RESPIRATORY FAILURE station C/o 56 APO major date 11. 8. 99 mo I/c MI ROOM

( 3 ) ACCORDING to the petitioner her claim for liberalised family pension is covered by the Instructions issued by the Government of India, Ministry of Defence, on 31 January 2001. It is averred that her husband having died in harness after 1 january 1996, her case fell in category -E of the said Instructions and, therefore, she is entitled to liberalised family pension. It is pleaded that the respondents have wrongly treated her case as falling in Category-B of the said Instructions and granted her only special family pension. It is alleged that since there was no response from the respondents to various representations made by the petitioner for payment of liberalised family pension, she had no option but to take recourse to the present judicial action.

( 4 ) IN the affidavit in opposition filed on behalf of the respondents it is stated that death of petitioner s husband was a physical casualty on account of acute ante rosepetal and interior wall myocardial infarction because of stress and strain of military service on bonafide military duty and, therefore, his case would fall under category-B of the aforementioned Instructions. It is, thus, pleaded that the petitioner is not entitled to liberalised family pension.

( 5 ) WE have heard Col. S. R. Kalkal, learned counsel appearing for the petitioner and Mr. Pradeep Trehan, learned counsel for the respondents. 6. In order to appreciate the controversy involved, it would be apposite to extract the relevant portion of the aforementioned Instructions, dated 31 January 2001. These are as follows: PART-II PENSIONARY BENEFITS ON DEATH/disability IN attributable/aggravated CASES: 4. 1 For determining the pensionary benefits for death or disability under different circumstances due to attributable/aggravated causes, the cases will be broadly categorised as follows: category-A xxxxxxxxxxxxxxx category-B death or disability due to causes which are accepted as attributable to or aggravated by military service as determined by the competent medical authorities. Disease contracted because of continued exposure to a hostile work environment, subject to extreme weather conditions or occupational hazards resulting in death or disability would be examples. Category-C xxxxxxxxxxxxx category-D xxxxxxxxxxx category-E death or disability arising as a result of :- xxxxxxxxx (f) war like situations, including cases which are attributable to/aggravated by:- xxxxxxxxxxxxxx (i) operations specially notified by the Government from time to time. 4. 2 Cases covered under category- A would be dealt with in accordance with the provisions contained in the Ministry of Defence Letter no. 1 (6)/98/d/pens/services) dated 3. 2. 98 and cases under category B to E will be dealt with under the provisions of this letter. PART-III FAMILY PENSIONARY BENEFITS IN attributable/aggravated CASES xxxxxxxxxxxx

( 6 ) LIBERALISED family pension