MST PRABHATI DEVI WIDOW OF EX HEAD CONSTABLE RAMJILAL Vs. THE UNION OF INDIA
LAWS(RAJ)-2017-10-155
HIGH COURT OF RAJASTHAN
Decided on October 26,2017

Mst Prabhati Devi Widow Of Ex Head Constable Ramjilal Appellant
VERSUS
THE UNION OF INDIA Respondents

JUDGEMENT

SANJEEV PRAKASH SHARMA,J. - (1.) By way of present writ petition, the petitioner is claiming liberalized family pension from the date of death of her husband 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.;


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