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2016 Supreme(HP) 2010
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Mansoor Ahmad Mir & Sandeep Sharma, JJ.
Ms. Rajni Devi Sharma – Petitioner
Versus
Union of India & Others – Respondents
CWP No.187 of 2016
Decided On : 14-12-2016
For the Petitioner: Mr. Onkar Jairath
For the Respondent: Mr. Ashok Sharma, Mr. Ajay Chauhan
The central legal point established in the judgment is the requirement of a causal connection between death and Government service for attributability or aggravation to be conceded under Rule 3-A of CCS(EOP) Rules, 1939.
Headnote:
Extraordinary Pension - Entitlement of Widow to Extraordinary Pension - Central Civil Services (Extraordinary Pension) Rules, 1939 - Rule 3-A - [SUMMARY OF ACT SECTIONS REFERENCED: Rule 3-A of CCS(EOP) Rules, 1939] - The court analyzed the provisions of Rule 3-A of CCS(EOP) Rules, 1939, and the Schedule-II categorizing compensation payable for death or disability under different circumstances. The court highlighted the distinction between Category 'A' and Category 'B' and emphasized the requirement of a causal connection between death and Government service for attributability or aggravation to be conceded. The court also referred to relevant case laws and judgments to support its interpretation of the rules and their application to the case at hand.
Fact of the Case:
The petitioner, a widow, sought extraordinary family pension under the Central Civil Services (Extraordinary Pension) Rules, 1939, claiming that her husband's death due to severe Myocardial Infarction (M.I.) while serving in a snowbound hostile area was directly attributable to the Government service. The respondents denied the claim, stating that the death was natural and not attributable to Government service.
Finding of the Court:
The court found that the deceased's death was attributable to or aggravated by Government service, as he was serving in an insurgency hit area with extreme weather conditions. The court concluded that the denial of extraordinary pension to the petitioner was unreasonable and not in accordance with the applicable rules.
Issues: The key issue was whether the deceased's death was directly attributable to the Government service, specifically considering the circumstances of his posting in a hostile area with extreme weather conditions.
Ratio Decidendi: The court's decision was based on the interpretation of Rule 3-A of CCS(EOP) Rules, 1939, and the Schedule-II categorizing compensation payable for death or disability under different circumstances. The court emphasized the requirement of a causal connection between death and Government service for attributability or aggravation to be conceded.
Final Decision: The petition was allowed, and the petitioner was held entitled to the benefits of the extraordinary family pension and other allied benefits as provided by Rule 3-A of CCS(EOP) Rules. The court directed the authorities to expedite the process of granting the benefits.
Sandeep Sharma, J.
In the instant case, petitioner is a widow of deceased soldier Suman Kumar, who, at the time of his death, was serving as Assistant Sub Inspector in Central Reserve Police Force (for short ‘CRPF’) at Kishtwar in the State of Jammu & Kashmir. Late Shri Suman Kumar was initially recruited as Constable General Duty in CRPF in the year 1988 and was allotted the Constabulary No.880897767 and since then he remained posted at various stations. But, after his promotion to the post of ASI, he was posted in snowbound area of Tehsil and District Kishtwar of Jammu & Kashmir. Unfortunately, on 9.1.2014, deceased husband of the petitioner was found lying in an unconscious state on his bed and accordingly he was rushed to nearby hospital in Kishtwar, where he was declared dead by the doctors. Postmortem report suggests that late Shri Suman Kumar died of severe Myocardial Infraction (for short ‘M.I.’) which led to cardiopulmonary arrest.
2. Perusal of Annexure P-2, communication sent by Commandant-76 Battalion, CRPF, to Inspector General, CRPF, Western Sector, Chandigarh, reads as under:
“Opinion as to cause of death: - After going autopsy of deceased, Dr. Opinion, patient has died from severe M.I., which leads to cardiopulmonary arrest and subsequent death.”
3. Authority vide aforesaid communication also termed death of deceased ASI to be natural death and accordingly pension papers were processed for payment of admissible benefits, thereby allotting PPO No.239031411510 in favour of present petitioner being wife of deceased solider i.e. ASI Suman Kumar, granting her ordinary family pension in terms of Central Civil Services Rules, 1939.
4. By way of present petition, petitioner has claimed that she was entitled to be granted extra-ordinary family pension as defined in Central Civil Services (Extraordinary Pension) Rules, 1939 (for short ‘CCS(EOP) Rules’) because her husband died on account of illness while he was serving snowbound hostile area of Kishtwar. Petitioner further claimed that cause of death is/was directly attributable to the Government service, since her deceased husband was on active duty at that particular point of time and in all probabilities he suffered ‘M.I.’ on account of aggravated demands of duty and tough terrain.
5. Mr. Onkar Jairath, learned counsel appearing for the petitioner, vehemently argued that action of the respondents in denying extraordinary pension in terms of Rule-3 of CCS(EOP) Rules is in violation of Rules occupying the field because it is an admitted case of respondents that at the time of initial recruitment of late Shri Suman Kumar in the CRPF and thereafter at the time of his posting in Kishatwar area being ASI, he was medically fit and he was not suffering from any kind of disease much less ‘M.I.’, which ultimately led to his death. As per Mr. Jairath, mere factum of his being medically fit at the time of his posting at Kishtwar strengthen the claim of the petitioner that cause of death of the husband of the petitioner is directly attributable to the Government service, especially when deceased ASI Suman Kumar was on active duty at that particular point of time that too in the insurgency hit area Kishtwar in the State of Jammu & Kashmir.
6. In support of his arguments Mr. Jairath invited the attention of this Court to the judgment of Hon’ble Apex Court passed in Param Pal Singh vs. National Insurance Co. Ltd. and another, 2013 ACJ 526. Mr. Jairath also invited the attention of this Court to the following judgments passed by Hon’ble Punjab and Haryana High Court in Kamlesh Devi vs. State of Punjab, 2002(1) SCT 929, Promila Devi vs. Union of India and Others, CWP No.1399 of 2011(O&M), Smt. Kunta Devi vs. Union of India & Others, CWP No.17135 of 2009, wherein death on account of ‘M.I.’ has been held to be directly attributable to the service conditions.
7. Mr.Jairath further contended that Smt.Kunta Devi’s case supra stands duly complied with by the respondents, which fact is evid
