High Court dismisses Union of India's challenge against Armed Forces Tribunal order, affirms pension eligibility under "Operation Rakshak" circumstances.
In a significant judgment, the Punjab and Haryana High Court has dismissed a writ petition filed by the Union of India challenging the Armed Forces Tribunal's decision to grant Liberalised Family Pension to Smt. Anuradha Saini, the widow of an army personnel who died while on duty during "Operation Rakshak". The court ruled that the pension was rightfully granted as the death occurred in an operational area, a condition that qualifies for such benefits.
The judgment was delivered by a division bench comprising Justices Harsimran Singh Sethi and Vikas Suri. The court examined the circumstances surrounding the death of Smt. Anuradha Saini's husband, who was stationed in a bunker at the international border with Pakistan. On the day of his demise, 25 Bangladeshi nationals were intercepted while attempting to cross into Pakistan, an incident that was addressed by the deceased officer. The court acknowledged that the officer was suffering from hypertension, and the stress of the situation led to a heart failure, resulting in his death.
The Union of India argued that since the officer died while sleeping in the bunker, the death could not be considered as occurring in an operational area, thus disqualifying it from Liberalised Family Pension. They contended that only Special Family Pension should be applicable. However, the court referred to a Court of Inquiry that concluded the death was attributable to military service and occurred during bona fide military duty. As per Government of India instructions, deaths under specially notified operations like "Operation Rakshak" fall under category E(i), making them eligible for Liberalised Family Pension.
The court also referenced a precedent from the Supreme Court in the case of Union of India v. Saroj Devi, which supported the grant of Liberalised Family Pension under similar circumstances. The judgment emphasized that the Tribunal's decision was neither perverse nor contrary to legal principles, thus warranting no interference.
The High Court's decision affirms the Armed Forces Tribunal's order and grants Smt. Anuradha Saini the pension benefits, providing support and recognition of her husband's service under challenging conditions.
Bottom Line:
Liberalised Family Pension - Death of army personnel while performing duties in an operational area under "Operation Rakshak" - Death assessed to have occurred while performing bonafide military duty - Liberalised Family Pension granted to the widow of deceased army personnel.
Statutory provision(s): Liberalised Family Pension, Armed Forces Tribunal, Operation Rakshak, Government of India instructions dated 31.01.2001, Court of Inquiry findings, Category E(i).
Union of India v. Smt. Anuradha Saini, (Punjab And Haryana)(DB) : Law Finder Doc id # 2851221
