BSF personnel killed in action at the border are entitled to the same benefits as armed forces personnel.

JUDGMENT

Sanjeev Prakash Sharma, J. - By way of present writ petition, the petitioner is claiming liberalized family pension from the date of death of her husband with interest @ 6% per annum and also seeking compassionate appointment of herself or her son.

2. The facts, which cull out from the case, are that the petitioner is widow of Head Constable Ramjilal bearing Belt No. 87644132. He was posted in 103 Battalion of Border Security Force and deployed at field Malika under ''D'' Coy. He died due to Hypothermia leading Pulmonary Odema with consequent Cardio Respiratory Arrest with Ischemia of vital organs on 26/03/2004. As the death was considered as battle casualty, the Director, Soldier Welfare Department, Govt. of Rajasthan, Jaipur vide letter dated 03/06/2004 requested the Commanding Officer, 103 BN, BSF to send casualty report so that the facilities to which the petitioner would have been entitled may be released.

3. The petitioner was sanctioned family pension vide PPO dated 05/08/2004. It appears that there has been communication sent by the District Collector, Jhunjhunu forwarding application of the petitioner with regard to compassionate appointment as well as grant of liberalized family pensionary award. It is also noted that the petitioner had been granted financial assistance for education of her children vide letter dated 24/01/2008 but the liberalized pensionary award was not released. Hence, notices were issued in the present writ petition.

4. In reply, the respondents have stated that while the petitioner''s husband was deployed at Field Malika, at about 0825 hours, he complained of chest pain and became unconscious. He was evacuated to Army Hospital, 8 Garhwal Rifles located at FDL Balbir where he was declared dead. The cause of death was noted as above and it was attributed to Government Service. It is stated in the reply that the petitioner was awarded extra-ordinary pension along with following financial benefits:-

5. It is also stated in the reply that an Amount of Rs. 7 lacs has been released on 08/01/2011 which was lying in the Unit since 06/01/2001. As regards contents of Appendix ''A'' relating to circumstances for classifying the casualties as battle or physical as enumerated in Para (g) of the said Appendix ''A'' which provides for the casualties occurring while operating on the International Border or Line of Control due to natural calamities and illness caused by climatic conditions, the respondents have submitted in the reply that such a document is not as to how is the originating authority of the said document and appears to be belonging to Defence Ministry of Army Headquarters and the respondents have stated that it would not apply to the Central Government employees including the BSF ans the BSF personnel are governed by the Ministry of Home Affairs and entitled to get the financial benefits under the CCS Rules only and thus, the petitioner''s husband casualty cannot be treated to be a battle casualty as there is no such provision in BSF.

6. With regard to the submission of the petitioner, the respondents have stated in their reply in terms that the Government of India, Ministry of Personnel, Public Grievances and Pensions (Department of Pension & Pensioner''s Welfare) OM No. 45/22/97