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Judgment
Hemant Gupta, J.—The challenge in the present writ petition is to be order Annexure P3 dated 7.4.2006 whereby the claim of the petitioner for grant of special family pension was declined.
Son of the petitioner-Dariya Singh enrolled in the Army on 2.11.1965, died on 14.07.1972 due to Hodgkins disease. The claim of the petitioner for grant of special family pension was declined for the reason that the death of the individual was neither attributable to nor aggravated by the Military Service.
The petitioner relies upon para 9 and 10 of Medical Guide 2002 for Military Pensions Regulations wherein the Hodgkins disease has been incorporated as the disease attributable to or aggravated by the Military Service. In view of the said decision, the petitioner applied for grant of special family pension which has been declined vide order impugned in the present writ petition.
The sole reason given in the said communication is that the petitioner has sought special family pension after a lapse of 30 years and that she has been granted ordinary family pension w.e.f. 1.1.1998.
Since the Hodgkins disease has been found to be attributable to or aggravated by the Military Service, we find it unjustified that son of the petitioner, who died for such disease will not be entitled to special family pension. May be, the petitioner is entitled to special family pension from the date the said decision was taken but to deny the special family pension altogether seems to be unjustified. The classification of the disease is for the benefit of the Army personnel. Therefore, if in terms of the disease later on incorporated, the death can be attributable to the Military Service, the petitioner shall be entitled to special family pension.
Consequently, we allow the present writ petition and direct the respondents to reconsider the claim of the petitioner for special family pension atleast from the date the Hodgkins disease was found to be attributable to the Military Service in Medical Guide of Army.
The necessary decision be taken within a period of 3 months from the date of receipt of a certified copy of this order.