$~5. * + IN THE HIGH COURT OF DELHI AT NEW DELHI WRIT PETITION(C) No.8980/2016 Date of decision:
19. h October, 2016 DAYA SHARMA ........ Petitioner
Through Mr. Amit Kumar, Advocate. versus UNION OF INDIA AND ANR. ........ RESPONDENTS
Through Mr. Rahul Sharma & Mr. C.K. Bhatt, Advocates. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MS. JUSTICE SUNITA GUPTA SANJIV KHANNA, J.
(ORAL): The impugned order dated 10th February, 2016 passed by the Principal Bench of the Central Administrative Tribunal (Tribunal, for short) in OA No.2943/2014, rejects the claim of the petitioner for grant of extraordinary pension under Rule 3A read with Rule 3(4) of the Central Civil Services (Extraordinary Pension) Rules.
2. Husband of the petitioner was an employee in the Instruments Research and Development Establishment of the Defence Research and Development Organisation, Dehradun. He expired on 20th October, 2009 at 11 P.M. in Sharma Sadbhavna Medical Centre, Dehradun as a result of cardio-respiratory arrest/respiratory failure. At that time, Brij Mohan Sharma was working as Administration Assistant „C‟ in pay band of W.P. (C) No.8980/2016 Page 1 of 5 Rs.9300-34800 (pay in pay band Rs.12460) plus Grade Pay of Rs.4600. As Brij Mohan Sharma had died in service, the petitioner it has been directed would be paid enhanced family pension of Rs.8,530/- per month for a period of ten years. Death-cum-retirement gratuity of Rs.6,49,980/-, General Provident Fund and leave encashment, etc. have been paid.
3. The claim of extraordinary pension is predicated on nexus and causal connection between the cause of death and the Government service.
4. Rule 3-A (1) and (2) of the Central Civil Services (Extraordinary Pension) Rules read as under:-
"“3-A.(1)(b) Disablement shall be accepted as due to Government service, provided that it is certified that it is due to wound, injury or disease which- (i) is attributable to Government service, or (ii) existed before or arose during Government service and has been and remains aggravated thereby. (b) Death shall be accepted as due to Government service provided it is certified that it was due to or hastened by- (i) a wound, injury or disease which was attributable to Government service, or (ii) the aggravation by Government service of a wound, injury or disease which existed before or arose during Government service. (2) There shall be a causal connection between- (a) disablement and Government service; and (b) death and Government service, for attributability or aggravation to be conceded. W.P. (C) No.8980/2016 Page 2 of 5 Guidelines in this regard are given in the Appendix which shall be treated as part and parcel of these Rules.” 5. The Tribunal has after examining the facts and evidence produced by the petitioner observed that causal connection has not been established.
6. The petitioner claims that Brij Mohan Sharma was suffering from asthma bronchitis, yet was asked to go to Kochi on 6th October, 2009 for temporary duty. Brij Mohan Sharma had returned to Dehradun on 16th October, 2009 and thereafter on 19th October, 2009 at 8.30 A.M. was admitted to Sharma Sadbhavna Medical Centre, Dehradun. He died on 20th October, 2009 at 11 P.M. The bronchitis asthma had got aggravated due to the climatic conditions at Kochi where Brij Mohan Sharma had been asked to report for temporary duty. Thus, the causal connection is established. The petitioner relies on the certificate dated 27th December, 2012 issued by Dr. Ajay Sharma of Sharma Sadbhavna Medical Centre, Dehradun, affirming that Brij Mohan Sharma was an old case of asthma bronchitis for years, who was admitted to the said hospital on 19th October, 2009 at 8.30 A.M. and had expired due to respiratory failure on 20th October, 2009 at 11 P.M.
7. The case of the petitioner for grant of extraordinary family pension was placed before a Board of Officers, who had taken opinion of Dr. (Maj.) Vaibhav Dubey, Medical Officer, Instruments Research and Development Establishment. Dr. (Maj.) Vaibhav Dubey had opined that the illness W.P. (C) No.8980/2016 Page 3 of 5 mentioned in the certificate could not be attributed to the environment and the climatic condition at Kochi.
8. The Tribunal has recorded that Brij Mohan Sharma had left Kochi on 13th October, 2009 and had arrived at Dehradun on 16th October, 2009. He was admitted to Sharma Sadbhavna Medical Centre, Dehradun on 19th October, 2009 at 8.30 A.M., nearly six days after he had left Kochi and three days after he had arrived at Dehradun. The petitioner did not produce any papers to show and establish that Brij Mohan Sharma had required medical attention and treatment at Kochi, Delhi or at Dehradun between 16th October, 2009 till 19th October, 2009. No medical prescription or treatment details were filed and relied.
9. The petitioner has drawn our attention to the certificate issued by Dr. Ajay Sharma in form No.C. Duration of the ailment has been mentioned as years. The date of first consultation was recorded as 16th October, 2009 and the history of present illness was mentioned one week. Thus, the petitioner pleads that Brij Mohan Sharma had suffered bronchitis asthma attack on 13th or 14th October, 2009. Consequently, the causal connection is established.
10. We do not think the aforesaid certificate would show and establish that Brij Mohan Sharma had suffered the asthma/bronchitis attack at Kochi. This is not stated and mentioned in the said certificate dated 30th March, 2010. Brij Mohan Sharma had left Kochi on 13th October, 2009 for W.P. (C) No.8980/2016 Page 4 of 5 Dehradun via Delhi. He had reached Dehradun on 16th October, 2009 at 6 A.M. Brij Mohan Sharma, after reaching Dehradun on 16th October, 2009, was not admitted or taken to the hospital. Medical prescription is not placed on record. Brij Mohan Sharma was admitted to the hospital only on 19th October, 2009 at 8.30 A.M., nearly three days after he had reached Dehradun.
11. The respondents to decide and examine the petitioner‟s case for extra-ordinary pension, had constituted a Board of Officers. They had gone through the entire documents and had verbal interaction with Dr. Ajay Sharma of Sharma Sadbhavana Medical Centre, Dehradun, who had furnished the certificate. The Board had called Dr. (Maj.) Vaibhav Dubey, Medical Officer for clarification regarding the illness and were told that the illness mentioned cannot be attributed to the environment and climatic condition of the place of duty, i.e., Kochi. Noticeably, even the certificate form „C‟ does not so indicate or make any such assertion. The reason and finding of the Board are not perverse or bad for failure to take relevant evidence or material into consideration. No error in the decision making process is to be found.
12. In these circumstances, we do not think the Tribunal has erred in not accepting the plea of the petitioner. The writ petition has no merit and is accordingly dismissed. OCTOBER19 2016 VKR SANJIV KHANNA, J.
SUNITA GUPTA, J.
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