Advocates:
['S B SINGH', 'S S RAGHAV', '', 'R D RASTOGI', 'MUKESH DUDI', 'DHARMENDRA PAREEK ADD G C', 'B S CHHABA']

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT

JAIPUR

S.B. Civil Writ Petition No. 13972 / 2010

Mst Prabhati Devi Widow of Ex Head Constable Ramjilal R/o Village

Kalmari Ki Dhani, Post Khirod Tehsil Nawalgarh District Jhunjhunu

(Rajasthan)

----Petitioner

Versus

1.

The Union of India through the Secretary to the Govt.

Ministry of Home Affairs, North Block, New-Delhi

2.

The Director General, Border Security Force, BSF Head

Quarters C/o 56 APO

3.

The Officiating General Officer Commanding, Border Security

Force, Headquarters, 28 Infantry Division C/o 56 APO

4.

The Commandant, 103 Battalion, Border Security Force C/o

56 APO

5.

The Pay and Accounts Officer, Border Security Force, Central

Pension Accounting Office, C/o 56 APO

6.

The State of Rajasthan, through the Chief Secretary, Govt. of

Rajasthan, Secretariat, Jaipur (Rajasthan)

7.

The Director, Soldier Welfare Department, Govt. of

Rajasthan, Jaipur (Rajasthan)

----Respondents

_____________________________________________________

For Petitioner(s) : Mr. SB Singh, Adv.

For Respondent(s) : Mr. Mukesh Dudi, Adv. on behalf of

Mr. BS Chhaba, ASB

Mr. Dharmendra Kumar Pareek, AGC

_____________________________________________________

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Judgment

Reserved on 31/07/2017

Pronounced on 26/10/2017

1.

By way of present writ petition, the petitioner is claiming

liberalized family pension from the date of death of her husband

(2 of 12)

[CW-13972/2010]

with interest @6% per annum and also seeking compassionate

appointment of herself or her son.

2.

The facts, which cull out from the case, are that the

petitioner is widow of Head Constable Ramjilal bearing Belt

No.87644132. He was posted in 103 Battalion of Border Security

Force and deployed at field Malika under ‘D’ Coy. He died due to

Hypothermia leading Pulmonary Odema with consequent Cardio

Respiratory Arrest with Ischemia of vital organs on 26/03/2004.

As the death was considered as battle casualty, the Director,

Soldier Welfare Department, Govt. of Rajasthan, Jaipur vide letter

dated 03/06/2004 requested the Commanding Officer, 103 BN,

BSF to send casualty report so that the facilities to which the

petitioner would have been entitled may be released.

3.

The petitioner was sanctioned family pension vide PPO dated

05/08/2004. It appears that there has been communication sent

by the District Collector, Jhunjhunu forwarding application of the

petitioner with regard to compassionate appointment as well as

grant of liberalized family pensionary award. It is also noted that

the petitioner had been granted financial assistance for education

of her children vide letter dated 24/01/2008 but the liberalized

pensionary award was not released. Hence, notices were issued in

the present writ petition.

4.

In reply, the respondents have stated that while the

petitioner’s husband was deployed at Field Malika, at about 0825

hours, he complained of chest pain and became unconscious. He

was evacuated to Army Hospital, 8 Garhwal Rifles located at FDL

Balbir where he was declared dead. The cause of death was noted

(3 of 12)

[CW-13972/2010]

as above and it was attributed to Government Service. It is stated

in the reply that the petitioner was awarded extra-ordinary

pension alongwith following financial benefits:-

(i)

Family pension (EOP)

Rs.2,500/- PM.

w.e.f. 27/03/2004

(ii)

DCRG

Rs.74,964/-

(iii)

FA

Rs. 27,500/-

(iv)

CGEIS

Rs.40,573/-

(v)

Ex-Gratia (Central Govt.)

Rs. 5,00,000/-

(vi)

GPF

Rs. 1,51,108/-

(vii) DLI

Rs. 60,000/-

(viii) Leave Encashment

Rs.1,041/-

(ix)

Insurance

Rs. 7,00,000/-

5.

It is also stated in the reply that an Amount of Rs.7 lacs has

been released on 08/01/2011 which was lying in the Unit since

06/01/2001. As regards contents of Appendix ‘A’ relating to

circumstances for classifying the casualties as battle or physical as

enumerated in Para (g) of the said Appendix ‘A’ which provides for

the casualties occurring while operating on