SMT BIRMA DEVI Vs. UNION OF INDIA & ORS
LAWS(DLH)-2007-1-238
HIGH COURT OF DELHI
Decided on January 11,2007

SMT BIRMA DEVI Appellant
VERSUS
Union of India And Ors Respondents

JUDGEMENT

- (1.) Smt. Birma Devi, widow of late NK Sube Singh has filed the present petition praying for setting aside and quashing of the order dated 7.2.2006 passed by the respondents. She further prays that the respondents may be directed to pay disability pension in her late husband s name from 24.10.97 to 10.5.1998 and thereafter special family pension to the petitioner in addition to ordinary family pension from the date of death of her husband.
(2.) Sube Singh was enrolled in the DSC on 7th March, 1978. He was subjected to medical and physical tests at the time of his admission to the service. He was found free from any disease at the time of his enrollment. During his service, he fell sick and was ultimately invalided out of service on 23.10.1997 due to the disease Pulmonary Tuberculosis and HIV infection 042 . Unfortunately, the husband of the petitioner died on 9.5.1998 due to excess effect of invaliding disease of Tuberculosis. In terms of Rule 213 of the Pension Regulations for the Army 1961 Part-I, the petitioner claims the above reliefs. On 19th July, 2005, the petitioner had approached the respondents requesting for payment of disability pension from the date of discharge till death of her late husband and thereafter special family pension. However, vide letter dated 22.8.2005 written by the Record Office, this claim was declined on the ground that the disability of her husband was neither attributable to nor aggravated by military service. The petitioner preferred an appeal against this order which was also not accepted by the concerned authorities and vide letter dated 7.2.2006, the claim was finally rejected, resulting in filing of the present petition.
(3.) Learned Counsel appearing for the petitioner has heavily relied upon the recent judgments of a Division Bench of this Court in the cases of Sh. Navin Chandra v. UOI and Ors. 2006(7) AD (Delhi) 709 and Ex. Cfn. Sugna Ram Ranoliya v. UOI and Ors. 132 (2006) DLT 544(DB) in support of his contentions that the disease of the petitioner s husband was attributable to and, in any case, aggravated by military service.;


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