C.M. No.849 of 2010 and -1- LPA No.311 of 2010 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.M. No.849 of 2010 and LPA No.311 of 2010 (O&M) Date of decision: 29.4.2010 Union of India and others ............Appellants Versus Tanushree Balahara and another .........Respondents CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE ALOK SINGH -.- Present: Ms. Geeta Singhwal, Advocate for the appellants. ALOK SINGH, J. C.M. No.849 of 2010 For the reasons mentioned, application is allowed and delay of 58 days in filing the appeal is condoned. LPA No.311 of 2010 (O&M) C.M. No.849 of 2010 and -2- LPA No.311 of 2010 (O&M) 1. Present appeal is filed challenging the order dated 14.9.2009 passed by learned Single Judge of this Court, thereby allowing the writ petition filed by the writ petitioners. 2. Brief facts of the present case are that father of the petitioners namely Late Sh. Krishan Kumar Balhara joined the Indian Air Force as Technical Airman on 26.3.1984 (herein called as ‘Airman’); Airman remained posted on different placed and in different climatic conditions; Airman suffered heart attack Coronary Insufficiency due to Cardiac Ischemic Disease and died when he was on casual leave, while in service and posted at 24ED Air Force station on 13.4.2006; Petitioners’ mother preferred an appeal for release of special family pension as the death of petitioners’ father was claimed to be attributable to military service; Appeal was rejected vide order dated 10.8.2007; Again petitioners preferred claim for special family pension which was also rejected vide order dated 17.10.2007; Petitioners being minor preferred second appeal dated 1.11.2007 and also sent a legal notice dated 8.3.2009, however, no decision was taken thereon; Hence, writ petition was filed by the petitioners. 3. Learned Single Judge while relying upon the judgment of this Court in the matter P.M. Annamma Vs. Union of India passed in CWP No.2275 of 2007 decided on 3.4.2008, allowed the writ petition. 4. We have heard learned Counsel for the appellants and perused the record. C.M. No.849 of 2010 and -3- LPA No.311 of 2010 (O&M) 5. On being confronted, learned Counsel for the appellants is unable to point out any contrary decision to the decision dated 3.4.2008 passed by this Court in the matter of P.M.Annamma (supra). 6. We do not find any good ground to interfere with the view taken by the learned Single Judge. 7. The appeal is devoid of merit, hence, is dismissed. (ALOK SINGH) JUDGE (ADARSH KUMAR GOEL) 29th April, 2010 JUDGE ashish