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2010 Supreme(P&H) 3077

MAHESH GROVER
Kunta Devi – Appellant
Versus
Union Of India – Respondent


Judgment

Mahesh Grover, J.

1. This writ petition under Articles 226/227 of the Constitution of India, has been filed for the issuance of a writ in the nature of certiorari quashing the impugned order Annexure P-11, vide which the petitioner has been denied the extra-ordinary family pension.

2. The facts are not in dispute. The husband of the petitioner, Subhash Chandra, was serving in 166 Battalion of the CRPF and was deployed on active duty in the operational and disturbed area of the State of Jammu and Kashmir. On 12.5.2007, while on patrol duty, he died due to heart attack. It is the case of the petitioner that her husband was under continuous stress and prior to his death, he was on the roster for night duty from 8.5.2007 to 9.5.2007 and from 11.5.2007 to 12.7.2007.

3. The respondents released the ordinary pension to the petitioner and denied the extraordinary pension on the ground that the death of the husband of the petitioner due to heart attack could not be attributed to his duties and the same could be construed to be on account of natural cause alone. To enhance their case, the respondents relied upon the Government of Indias orders wherein it has been laid down that for d










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