The central legal point established is that the attribution of the disease to government service is crucial for granting extra-ordinary family pension, as per the Rules 1939.

ORDER

Sant Parkash, J. -

CM-543-LPA-2021

1. Application is allowed, as prayed for. Exemption sought is granted.

CM-544-LPA-2021

2. Prayer in the present application is for placing on record synopsis on behalf of the respondents in view of the order dated 04.12.2019.

3. Application is allowed. Synopsis is taken on record.

Main appeal

4. Instant intra court appeal under clause X of the Letters Patent is directed against the order dated 02.07.2019 passed by the learned Single Judge, whereby writ petition preferred by the petitioner (herein appellant), was dismissed, declining the request of the petitioner for grant of extraordinary family pension.

5. Brief facts of the case are that the husband of the appellant served CRPF 114 Battalion for 32 years. He expired on 02.10.2001 due to Carcinoma Cancer at Base Hospital New Delhi. The appellant was granted family pension on 02.10.2001. After a period of around 13 years, the appellant sought for medical documents and post-mortem report of her husband who was suffering from cancer vide application dated 16.06.2014. In response to the application dated 16.06.2014, the respondents vide Annexure P-l replied that medical documents including post mortem report of the appellant's husband were not available. The request for grant of extra-ordinary family pension was declined vide Annexure P-2 on the ground that husband of the appellant died due to cancer which was not covered under Extra-Ordinary Family Pension Rules.

6. Aggrieved therefrom, the appellant-writ petitioner approached this Court by way of CWP No. 15269 of 2016, which has been dismissed vide order dated 02.07.2019.

7. Learned counsel for the appellant submits that the husband of the appellant was medically fit at the time of enrollment and he served CRPF for more than 32 years and, therefore, his death or disease should be considered attributable to service. Thus, he prays that the impugned order passed by the learned Single Judge be set aside and appeal of the appellant be accepted.

8. Learned counsel for the respondents submits that the case for production of medical documents was raised for the first time after about 13 years, i.e. on June, 2014 (P-l). He further submits that the case for grant of the extra-ordinary family pension is also not covered under the Central Civil Services (Extra Ordinary Pension) Rules, 1939 (for short 'Rules, 1939) as husband of the appellant died due to natural causes and cannot be considered as attributable to the government service. Finally, he prays for dismissal of the present appeal.

9. We have heard the learned counsel for the parties at length and perused the case file carefully.

10. Before adverting to the matter in hand, it is noted that Letters Patent Appeal (LPA) is an appeal by the writ petitioner against the decision of a learned Single Judge to another Bench of the same Court. It is an intra-court appeal in High Court. The scope of the LPA is limited to the extent whether the order under appeal is permissible in law and is in consonance with the settled canons of law. Reference in this regard can gainfully be made to the judgment of the Hon'ble Supreme Court in Management of Narendra and Company Vs Workmen: 2016(3) SCC 340, wherein it has been held that unless the Appellate Bench reaches to a conclusion that the finding of the learned Single Bench is perverse, it shall not disturb the same and there should be no interference with the order passed by the learned Single Judge merely because another view or a better view is possible.

11. The only question that has to be determined is as to whether death, on account of Carcinoma Cancer while on duty, could be attributable to natural causes or could it be attributed to the Government service for grant of extra-ordinary family pension.

12. The Rules 1939 for grant of extra-ordinary family pension has been succinctly dealt with by the learned Single Judge. As per Rule 3-A of the Rules 1939, the death for the purpose of grant of extra ordinary family pensi