Mohinder Pal, J. - (1.) IN this petition filed under Articles 226/227 of the Constitution of India, the petitioner has prayed for issuance of a writ in the nature of certiorari quashing the orders passed by the respondents whereby her claim for Special Family Pension on account of the death of her husband, who was serving the Indian Air Force, has been rejected by the respondents and for issuance of a writ in the nature of mandamus directing the respondents to grant the same to her with all consequential benefits as the death of her husband was held to be aggravated by Air Force Service while on active duty as per the recommendations of the Medical Authority and Air Officer Commanding, 12 Wing Air Force (Annexure P -27).
(2.) AS per facts of the case, husband of the petitioner was enrolled in the Indian Air Force as a Combatant Member. He was recruited for nine years 'regular service and six years' reserve service, but was given extensions from time to time. While in service, he attained various ranks of the Indian Air Force and was promoted to the rank of Master Warrant Officer. However, while in service, he died of 'Acute Myocardial Infraction And Cardiac Genic Shock' on April 29, 1990. He had rendered 30 years and 328 days' service. The petitioner was granted ordinary family pension with effect from April 30, 1990. Her claim for Special Family Pension, which was admissible to her under Regulation 85 of the Pension Regulations for the Army, 1961 (Part -1) (for short 'the Pension Regulations) was rejected. Upon notice of motion issued, the respondents have filed reply. It has been stated that on April 28, 1990, husband of the petitioner reported to his SSQ with pain upper abdomen and left side of chest. He was given initial treatment and was transferred to Command Hospital, Chandimandir, for admission. He succumbed to his illness on April 29, 1990. The cause of death was Extensive Myocardial Infraction with Cardiac Genic Shock. It has been further pleaded that death of the husband of the petitioner was considered as neither attributable to nor aggravated by Air For Service.
(3.) WE have heard Mr. Rajesh Seghal, Advocate, appearing for the petitioner and Ms. Ranjana Shahi, Central Government Standing Counsel, appearing for the respondents and have perused the record.;