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, thereby quashing the order dated January, 2005 (Annexure P2) whereby claim of the petitioner for fixation of family pension by considering his deceased son as a Sub Inspector was rejected. The petitioner has also prayed for issuance of a writ in the nature of mandamus directing the respondents to fix the family pension of the petitioner considering his son as Sub Inspector with all consequential benefits and for payment of other ex -gratia benefits.
(2.) BRIEF facts of the case are that Mr. Ravi Antil, son of the petitioner, was serving as a Constable in the Central Reserved Police Force (for short 'CRPF') since October 11, 2000. He was a National player of Kavaking and , won several medals in the National Kavaking and Canoeing Championships and All India Police Water Sports Championships. On September 17, 2002, when he was practicing in Sukhna Lake, Chandigarh, his boat overturned and he died of drowning. The respondents, as per the Sports Policy to give incentive like promotions etc. to distinguished sportsmen, promoted the son of the petitioner to the rank of Sub Inspector vide order dated January 07, 2003, with effect from December 01, 2001. However, family pension in respect of Mr. Ravi Antil was fixed treating him as a Constable. The respondents rejected the claim of the petitioner on the ground that as his son could not take over the charge of the post of Sub Inspector, so the petitioner was not entitled to family pension of the post of Sub Inspector.
(3.) NOTICE of motion was issued to the respondents. In the written statement filed by them, the stand taken is that since promotion order was issued after the death of Mr. Ravi Antil and he had, obviously, not taken over the charge of the post of Sub Inspector, his pay was not fixed in that rank. It has also been pleaded that as per chemical report, liver, kidneys, blood etc. of the deceased contained organ of phosphorus, a group of insecticide, which shows that due to its consumption he had become unconscious, im -balanced his boat and died of drowning.;