1. - Heard the learned counsel for the parties.

2. The petitioner has laid claim to benefit of special family pension as envisaged under the Air Force Pension Rules. The basis of claiming special family pension is that her husband was serving as Fitter, Mechanical Transport (FMT) in the Indian Airforce. At the time of admittence to the service in 1965, he was categorised in the medical category 'AYE' denoting that he was physically fully fit. During the service, he served at different Air Force Stations/Units and rose to the rank of Sergeant. He was regularly subjected to thorough Medical Examinations during the service and was found fit in medical category 'AYE' at every stage. At no such occasion, such disease as Ischemic Heart Disease (IHD) was ever detected at any point of time.

3. On the fateful day, on 17th July, 1987 when the petitioner's husband was posted at No. 8, Base Repair Depot Air Force, Avadi (Tamil Nadu), he suffered a heart attack at about 7.20 AM just before his duty period was to commence at 7.30 AM and died on that very day.

4. Ordinarily, when a member of Air Force service dies in harness, his family became entitled to 'Special Family Pension'. While releasing regular pension to the widow, her claim to 'special family pension' was denied inter alia on the ground that from the available documents FLT LT, the sanctioning authority, has decided that death of deceased was not attributable to or aggravated by Air Force Service. However, no specific reason medical or otherwise was stated in the order dated 23.9.1988 (Annex.2) communicating denial of special family pension to the petitioner.

5. The petitioner filed appeal against rejection of claim to special family pension under the Rules albeit after the prescribed period of limitation which was not decided for long. The dealy in deciding the appeal led to filing of SB Civil Writ Petition.No. 4429/93. The said writ petition was decided on 24.2.95. Accepting that the petitioner being an illeterate lady, delay In filing the appeal might have occurred and the respondents had also shown their willingness to decide the appeal on merit, the petition was disposed off with direction of the respondents to decide the appeal on merit within three months and if the appeal is not decided within three months or if already decided, the petitioner will have a right to approach the Court against the said order.

6. In pursuance thereof, vide the impugned order dated 14th July, 1995 (Annex.8), the appeal was decided. The claim to special family pension was rejected stating that death of husband of the petitioner who died on 17.7.87 was due to Fatal Disease Ischaemic Heart Disease which was considered unrelated to the Airforce service. The fatal disease Ischaemic Heart Disease is a constitutional disease. In the case of deceased no undue stress or strain due to service prior to onset of the fatal disease was involved and as such his death was not in any way on account of factors attributable to or aggravated by service.

7. Hence this petition.

8. Learned counsel for the parties has invited my attention to the relevant Rules and guidelines issued in this Regard.Rule 189 of Pension Regulations for the Air Force Part I (1961 Edition) states that special family pension may be granted to the family of an individual if his death was due to or has caused by a wound, injury or disease which was attributable to Air Force Service; or due to aggravation by the Air Force Service of a wound, injury or disease which existed before or arose during Air Force service.

9. It is not a case of any wound or injury and therefore the reading of rule is confined to the death caused on account of disease. It is not in dispute that at the time of entering the service, the petitioner was categorised as 'AYE' as fully medically fit and subsequent thereto, by no medical officer or for any reason, he was detected with any medical disease. On this premise, it was pointed out that under the Rules, it has to be