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2004 Supreme(Raj) 1781

RAJESH BALIA
Jani Suthar – Appellant
Versus
Union of India – Respondent


Advocates:
For the Petitioner:S.M. Sharma, Advocate.
For the Respondents:S.K. Vyas, Advocate.

JUDGMENT

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 rel







































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