Delhi High Court
Daya Sharma vs Union Of India And Anr. on 19 October, 2016
$~5.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ WRIT PETITION(C) No. 8980/2016
Date of decision: 19th 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 20 th 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 13 th 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.
SANJIV KHANNA, J.
SUNITA GUPTA, J.
OCTOBER 19, 2016
VKR
