JUDGMENT : 

ROHIT KAPOOR , J.

The above mentioned cross-appeals are directed against the order dated 13.03.2024, passed by the Learned Single Judge, in CWP-17048-2018, whereby the writ petition filed by the appellant in LPA-1147-2024 (hereinafter referred to as the ‘writ-petitioner/petitioner’), was allowed and she was held entitled to extra ordinary pension from the date of filing of the writ petition under Category ‘C’ of the extraordinary pension scheme. The writ-petitioner was also held to be entitled to arrears alongwith interest @ 6% per annum and she was directed to return the compensation received by her under the Workmen’s Compensation Act, 1923 (in short ‘the Act of 1923’) alongwith interest @ 6 % per annum.

CHALLENGE RAISED

2. While the appellants in LPA-3356-2024 (hereinafter collectively referred to as ‘UOI’) are seeking the setting aside of the order dated 13.03.2024, the writ-petitioner in its appeal, has sought modification of the said order to the following extent:-

(i) The petitioner be granted arrears of extra ordinary family pension from the date of death of her husband or at least 3 years 2 months preceding to filing of the writ petition.

(ii) The petitioner's husband's death be categorised to have fallen under category ‘E’ and not category ‘C’ as contemplated under EOP Rules 1939.

(iii) Petitioner be granted 12% interest on the amount of Rs 5 lacs on ex gratia in the year 2017 instead of 2000.

FACTUAL MATRIX

3. The husband of the writ-petitioner, namely Mohan Singh, joined General Reserve Engineering Force (hereinafter referred to as ‘GREF’) in the year 1983 and was working on the post of Overseer. He was awarded Chief Engineering (Project) Commendation Card while in service. As per the petitioner, GREF is a paramilitary force and is an integral part of the Army, which is inter-alia entrusted with projects like construction and maintenance of roads and other crucial infrastructure, in most difficult border terrains like Leh, Ladakh, North-Eastern Borders etc. On 10.07.2000, the husband of the petitioner was posted at Arunachal Pradesh and while performing his official duty in an active area, was tasked as In- charge Works for formation cutting of Hayliang-Metangliang-Chaglohogam Road, one of the China Study Group (CGS) roads, having national and strategic importance. The road is vital for efficient management of Sino-Indian Border, as its alignment passes through Dalai Valley, comprising of rugged mountainous terrain having extensive rocky stretches. The inhospitable terrain coupled with incessant rains, poses a formidable challenge for formation cutting work. On the given day, Overseer Mohan Singh was standing very close to the edge of the road formation towards valley side, ‘supervising’ the dozar operation at a location having treacherous and rocky mass with large height of cut. Suddenly, a big boulder from the hilltop started rolling down with huge debris towards the dozar and compressor. Realizing the danger, he immediately raised an alarm and instructed the dozar and compressor operators to move out to a safer place. Without caring for his life, he started assisting others and gave a helping hand in the attempt to move the compressor away from the site. In the attempt, he could not get out of the way of the shooting boulder in time and was swept away and fell down into the 70 meter deep valley, leading to his death.

4. On account of the supreme sacrifice and exemplary courage shown by the petitioner's husband, while serving the Nation in the most difficult terrain, the Government of India awarded him ‘Shaurya Chakra’, posthumously. She was granted an amount of Rs.1,84,170/- as compensation under the Act of 1923 besides a lump sum amount of Rs.5,00,000/- as ex-gratia in terms of OM dated 11.09.1998, on 11.12.2017. The primary grievance of the petitioner is that despite the fact that her husband had made the supreme sacrifice, yet she was only granted ordinary family pension, contrary to the Rules. The petition