JAGMOHAN BANSAL, J.

1. The petitioner through instant petition under Articles 226/227 of Constitution of India is seeking setting aside of order dated 16.11.2018 (Annexure P-8) whereby her claim of extra ordinary family pension has been rejected.

2. The petitioner is wife of deceased Head Constable Joginder Singh who was enrolled in Border Security Force on 04.04.1985 as Constable (GD) and passed away on 17.07.2006 while on duty. The deceased was posted with 46 Battalion, BSF, Ambassa, Dhalai, Tripura on 17.07.2006. The deceased while patrolling at Indo-Bangaldesh Border, suffered severe heart attack and died. The petitioner being wife of the deceased was extended benefit of regular pension, however, she is claiming extra ordinary family pension in terms of Central Civil Services (Extra Ordinary Pension) Rules, 1939. The respondents by impugned order dated 16.11.2018 (Annexure P-8) has rejected claim of the petitioner on the ground that deceased though died while on duty yet petitioner is not entitled to extra ordinary pension because her husband had died due to heart attack and it does not fall within preview of notified diseases.

3. Learned counsel for the petitioner inter alia cont