The main legal point established in the judgment is the entitlement to extraordinary family pension under the Central Civil Services (Extra Ordinary Pension) Rules, 1939, in cases where the death of the deceased is directly attributable to his service, particularly in instances of death due to heart attack while on duty.

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 contends that respondent has rejected claim of the petitioner relying upon Schedule-IA of Extraordinary Pension Rules. The question of death on account of heart attack while on duty came up for consideration before a Division Bench of Delhi High Court in Vikram Singh and another vs. Union of India and another, 2013(1) SCT, 829. The Division Bench after noticing aforesaid Schedule has held that dependent of deceased are entitled to extraordinary pension if deceased had died on account of heart attack while on duty. A similar view has been formed by this Court in Smt. Kunta Devi vs. Union of India and others, 2011(1) PLR 668.

4. On being confronted with afore-cited judgments, learned counsel for the respondents expressed his inability to controvert and simply stated that heart attack is not a notified disease.

5. I have heard the arguments of learned counsel for the parties and perused the record.

6. Indubitably, the husband of the petitioner had died on account of heart attack. He at that point of time was patrolling at Border. There is no allegation of history of heart disease. A Division Bench of Delhi High Court has categorically held that family of the deceased is entitled to extra ordinary pension if the deceased had died on account of heart attack. The relevant extracts of the judgment Vikram Singh's case (supra) read as :

6. Our attention has also been drawn to the diseases which have been classified in Schedule 1-A in Rule 3(4), relevant extract whereof reads as follows:-

• "1. List and classification of diseases which can be contracted by service reproduced from CCS Pension Rules, 1972 are as under:

• A. Diseases affected by climatic conditions.

• (i) to (vii) xxx xxx xxx

• B. Diseases affected by stress and strain.

• (i) to (vii) xxx xxx xxx

• (viii) Pre-carditis and adherent pericardium.

• (ix) Endo-carditis

• (x) Sub-acute bacterial-carditis, including infective endocarditis.

• (xi) Nyocarditis - acute or cronic."

Learned counsel urges that the diseases at serial nos. (viii), (ix), (x), (xi) relate to the heart and have been recognised that stress and strain of service may result in cardiac problems. In the case of the petitioner, who was otherwise very healthy, he developed such a cardiac problem as resulted in his death. It has to be held that the ailment of deceased Superintendent Ram Kishan was directly relatable to his service. The objection of the respondents to the same are clearly devoid of any legal merit.

7. The petitioners have submitted that given the nature of duties which are performed by the personnel of GREF, Late Superintendent Ram Kishan, during his service, largely served in the field areas of the country which included high altitude and mountain region. It has been urged that the climatic conditions in which he was working had certainly t