The main legal point established in the judgment is the need to interpret Military service rules liberally in favor of the claimant, especially in cases where the cause of death is connected with military service.

Petitioner's son was enrolled as Sepoy on 6-2-1969 in the Armed Forces, Medical College, Pune. He had about 6 years 324 days service when he died on 26-12-1975. The communication intimating this sad news to the petitioner's husband reads as under: -

"Your son was in good health and spirits on the morning of 26 Dec.75. He took part in sports of the college week celebrations and won five prizes. At about 2130 hrs he was found lying unconscious. He was immediately removed to the Command Hospital (Southern Command) PUNE for treatment but unfortunately expired on the way a post mortem was carried out on 29 Dec 75 and cause of death was assessed to be ACTUTE LEFT VENTRICULAR FAILURE FOLLOWING CORONARY OCCLUSION.

Your son was a fine soldier who displayed a keen sense of discipline, loyalty and courage during his service with this college. His death leaves a gap which will be difficult to fill."

2. The respondent in the counter affidavit stated that the deceased took part in unit games on 26-12-75 from 16.30 hrs. to 17.10 hrs. He also performed other routine duties on 26-12-75 as per charter of duties held on records. He was put on routine night duty on 26-12-75. He died on 26-12-75 at 22.05 hrs. due to acute left venticular failure following coronary occlusion. From these facts it clear that he died of heart

attack while on duty.

3. The family pension is not available to father and mother according to the Entitlement Rules because they would not come within the definition of family for the purpose of family pension. But it is an admitted fact for the benefit of special family pension the petitioner being the mother of the deceased is entitled if cause of the death was attributable to military service or aggravated by military service. Petitioner applied for special family pension on 16-11-76. but by Ext.P4 dated 21st October, 1977, the same was denied to the petitioner. The Captain, Record Officer, OIC Records AMC stated that the family pension claim in respect of the deceased was rejected on the ground that the cause of death was neither attributable to nor aggravated by his Military service. Ext.P4 also stated that if the petitioner is aggrieved, she can file an appeal to Government of India, Ministry of Defence, New Delhi within a period of 6 months. Appeal had been filed on 28-11-1977, but the same was rejected by Ext.P6 by the Under Secretary to the Government of India, Ministry of Defence. In that also it is stated further appeal could be filed to the Secretary, Government of India, Ministry of Defence. Petitioner thus filed an appeal to the Ministry of Defence i.e. Ext.P7. It was rejected by Ext.P9 dated 8-1-81. In that it is stated that the petitioner is not entitled to special family pension and that further representations on the subject will not serve any useful purpose. Even thereafter, it would appear, petitioner made representation which also met with the same fate. Ultimately, he filed a representation dated 22-11-88 to the President of India, which remain undisposed of.

4. It is in the above circumstances the petitioner approached this court. There was, of-course, delay in approaching this court. The petition was filed on 16th November, 1989. The last statutory order denying the special family pension is dated 8-1-81. Petitioner is en titled to get special family pension if the claim is considered in accordance with law. If the petitioner approached this court within a reasonable time from 8-1-81, petitioner would have got the benefit from this court. Even in the counter affidavit, it is fairly conceded that the deceased took part in unit games on 16-12-75 from 16.30 hrs. to 17.10 hrs. He performed routine duties on that day and he was put in night duties on 26-12-75 when he died because of acute left venticular failure following coronary occlusion. Ext.P2 communication issued to the petitioner's husband conveying the sad news also speaks highly about the deceased and his performance in the unit's sports.

5. The