$~79 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 12256/2022 SUNITA DEVI .....Petitioner Through: Mr. Sahil Chandra, Adv.

versus UNION OF INDIA & ORS. .....Respondents Through: Mr. Rahul Sharma, CGSC CORAM:

HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL)

% 26.03.2025

1. Naresh Kumar, the husband of the petitioner, suffered a heart attack while participating in the Field Physical Efficiency Test, [“FPET” hereinafter], which was required to be undertaken as part of his duties when deployed with the 151^st Battalion of the BSF, then posted on the Indo-Pak Border at Kutch, Gujarat.

2. The only controversy that has to be addressed is whether the petitioner, as the widow of Naresh Kumar, would be entitled to extra-

ordinary pension and to ex gratia.

3. We have heard Mr. Sahil Chandra, learned Counsel for the petitioner and Mr. Rahul Sharma, learned CGSC for the respondent.

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4. At the very outset, we record our appreciation for the eminently fair approach that Mr. Sharma has adopted in the present case.

5. The entitlement to extra-ordinary pension is governed by the Central Civil Services (Extra-ordinary Pension) Rules, 1939, [“the CCS (EOP) Rules” hereinafter]. The relevant provisions are contained in Rules 3(4), 3A, 10, Schedule II and Schedule I-A of the CCS (EOP) Rules which, to the extent relevant, are reproduced as under:

3(4) "disease" means –

a disease as is mentioned in Schedule I-A hereto annexed.

3-A Disablement/Death -

(1)(a) Disablement shall be accepted as due to Government service, provided that it is certified that it is due to wound, injury or disease which -

(i) is attributable to Government service, or (ii) existed before or arose during Government service and has been and remains aggravated thereby.

(b) Death shall be accepted as due to Government service provided it is certified that it was due to or hastened by -

(i) a wound, injury or disease which was attributable to Government service, or (ii) the aggravation by Government service of a wound, injury or disease which existed before or arose during Government service.

(2) There shall be a causal connection between -

(a) disablement and Government service; and

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(b) death and Government service, for attributability or aggravation to be conceded. Guidelines in this regard are given in the Appendix, which shall be treated as part and parcel of these Rules.

10. Death due to Government service- When death of Government servant is conceded as due to Government service in terms of Rule 3-A, his widow and children shall be awarded pensionary benefits in accordance with Schedule II hereto annexed. Schedule II For determining the compensation payable for death or disability under different circumstances, the cases are categorized in five distinct categories as under:

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Category B- Death or disability due to causes which are accepted as attributable to or aggravated by Government service. Diseases contracted because of continued exposure to a hostile work environment, subjected to extreme weather conditions or occupational hazards resulting in death or disability would be examples.

6. Seen in conjunction, Rule 10 entitles the widow and children of a government servant, whose death is conceded as due to government service in terms of Rule 3A, to pensionary benefits in accordance with Schedule II. Schedule II determines the compensation payable for death or disability under various circumstances and sub-divides all cases into five categories. Category B covers death or disability due to causes which are accepted as attributable to or aggravated by government service. This includes diseases contracted due to occupational hazards resulting in death or disability. The Schedule sets out the scales at which family pension would be payable in cases covered by each of the aforesaid categories including Cate