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2005 Supreme(Del) 296

D.K.JAIN, H.R.MALHOTRA
MANJU TIWARI – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
Pradip Tehran, S.R.KALKAL

D. K. JAIN, J.

( 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 In










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