Smt Manoj Devi wdo Late Sub Ram Chandra (Army) vs UOI & Others on 23 January 2026

O R D E R

23.01.2026

1. By way of this Application under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has prayed for grant of Ex-Gratia along with 12% interest per annum.

2. Brief facts of the case as enunciated by the Applicant are that the Applicant’s husband was enrolled in the Army on 24.06.1993. Her husband was posted to 43 Rashtriya Rifles (RR) which is deployed in High Altitude and highly operational committed area in Anantnag (J&K) from where he was sent on temporary duty to COD Jabalpur for back-loading of armaments. Due to lingering effects of extreme cold climatein high altitude and operationally committed area, he suffered from a sudden myocardial infraction while on temporary duty at COD, Jabalpur and died on 08.12.2025 at Military Hospital, Jabalpur. His death was considered as Attributable to Military Service and, accordingly, the Applicant has been granted Special Family Pension. The Applicant submits her husband died due to disease he suffered due to service factors and the death was considered as Attrubutable to Military Service and, hence, in terms of Govt of India, Ministry of Defence letter No 20(5)/2009/D (Pay/Services) dt 04.06.2010, the Applicant is eligible for grant of Ex-Gratia Award. The Applicant made representation and also issued Legal Notice for grant of Ex-Gratia lump-sum-compensation, but to no avail. Therefore, the aggrieved Applicant has filed present OA.

3. The Respondents have filed a detailed Reply Statement and while not contesting the basic facts presented by the Applicant, they have submitted that at 0815 hours on 07.12.2015, the Applicant’s husband reported to Medical Inspection Room complaining of Severe Headache and Vomiting since morning. After initial treatment, he was referred to Military Hospital (MH), Jabalpur wherein he was admitted for “Adult Respiratory Distress Syndrome with Septic Shock”. While undergoing treatment, he died on 08.12.2015 at 1250 hours. As per Post Mortem Report, his death was opined as “Shock due to Myocardial Infraction (Heart Attack)”. His death was considered as Attributable to Military Service in terms of Entitlement Rules for Casualty Pensionary Awards for Armed Forces Personnel, 2008. Accordingly, the Applicant has been granted Special Family Pension. As regards grant of Ex-Gratia Award, the Respondents have submitted in terms of Govt of India, Ministry of Defence letter No 20(1)/98/D (Pay/Services) dt 21.10.2008, as amended vide letter No 20(5)/2009/D (Pay/Services) dt 04.06.2010, the families of Defence Service personnel who die in harness in performance of bonafide official duties are eligible for grant of Ex Gratia Award. In the present case, since the Applicant’s husband died during treatment at MH, Jabalpur and not while performing any bonafide military duty, the Applicant is not eligible for grant of Ex-Gratia Award. In view of the aforesaid averments, the Respondents have reiterated that the OA is devoid of merit and deserves to be dismissed.

4. We have heard both the parties and perused the material placed on record.

5. Perusal of posting profile of the Applicant’s husband placed on record reveals that the Applicant’s husband was posted in J&K (Op Rakshak) from 08.11.2012 to 04.02.2013 and after a tenure of peace station in Gurdaspur (Punjab) from 05.02.2013 to 12.08.2015, he was again posted in J&K in Siachen Gladier (Op Meghdoot) from 13.08.2015 to 05.10.2015, ie., about seven weeks. After de-induction from Siachen Glacier, before reporting to 43 RR in Awantipur (J&K), the Applicant’s husband underwent pre-induction training from 17.10.2015 to 02.11.2015. Last 14 days charter of duties placed on record by the Respondents reflects as “(a) JCO was TOS on 06 Oct 2015 from 12 RAJ RIF, IIIrd Glacier, Siachen (J&K) and underwent Pre Induction Training from 17 Oct 2015 to 02 Nov 2015 and reported to Bn HQ on 02 Nov 2015. (b) JCO proceeded to COD, Jabalpur on 04 Nov 2015 for deposit of R4 Weapon and reported to COD Jabalpur on 08 Nov 2015.” Charter of duties at COD, Jabalpur from 25.11.2015 to 07 Dec 2015 are of routine nature involving no visible stress and strains of military service. Further,Para 7 of Post-Mortem Report (for Heart) reads as “there was a clot present in Lt anterior descending artery of heart around which pale area present, the lumen of artery completely blacked due to clot.”

6. The provisions for payment of Ex-Gratia Lump sum Compensation to the families of the Defence Service Personnel who die in harness are detailed in Govt of India, Ministry of Defence letter No 20(5)/2009/D (Pay/Services) dt 04.06.2010, the relevant portion of which reads as under:- “I am directed to refer to this Ministry’s letter No 20(1)/98/D (Pay/Services) dt 22.09.1998 as amended vide letter of even number dated 12th April, 1999, 3rd August, 1999, 19th May, 2000 and 21st October, 2008 on the subject.

2. Vide para 1 of above mentioned letter dated 21st October, 2008, the existing rates of ex-gratia lump sum compensation to the next of kin of the deceased defence personnel have already been revised as follows:- (a) Death occurring due to accidents in course of duties Rs. 10.00 lakhs (b) Death in the course of duties attributable to acts of violence by terrorists, etc Rs. 10.00 lakhs

(c) Death occurring during enemy action in war or border skirmishes or in action against militants, terrorists, etc Rs. 15.00 lakhs (d) Death occurring during enemy action in International war or war like engagements specifically notified Rs. 20.00 lakhs

3. A new clause (d) shall be added to para 1 of aforesaid letter dated 21st October, 2009 as follows and existing (d) may be renumbered as under:- (d) Death occurring while on duty in the specified high altitude, inaccessible border posts, etc on account of natural disasters, extreme weather conditions Rs. 15.00 lakhs 4 to 7. xxxxx”

7. In the instant case, after de-induction from Siachen Glacier on 04/05 .10.2015, the Applicant’s husband was taken on strength of 43 RR on 06.10.2015 and reported to 43 RR Bn HQ on 02.11.2015 after having undergone pre-induction training from 17.10.2015 to 02.11.2015. Immediately after reporting to 43 RR on 02.11.2015, he was sent on temporary duty to COD, Jabalpur on 04.11.2015 and he reported there on 08.11.2015 for deposition of armaments. At the time of his temporary duty to COD, Jabalpur, he was seemingly hale and hearty. At the place of his temporary duty in COD, Jabalpur, a peace station, his duties were of routine nature with no visible stress and strains of military service. Post-Mortem Report reveals that there was a clot in left anterior descending artery of heart and the lumen of the artery was completely blocked due to the clot. Thus, it is clear that the Applicant’s husband was suffering from a medical disorder. Mere presence for a period of about seven weeks in High Altitude Area would not have caused the above disability. Moreover, as per Para 3 (d) of Govt of India, Ministry of Defence letter dt 04.06.2010, Ex-Gratia is payable for death occurring while on duty in the specified high altitude, inaccessible border posts, etc, on account of natural disasters, extreme weather conditions only.

8. However, keeping in view of the facts that the Applicant’s husband had served in extreme weather conditions in Siachen Glacier for about seven weeks which may have affected the metabolism of the Applicant’s husband, we deem it appropriate to remand the case back to the Respondents to re-consider the same for grant of Ex-Gratia award or otherwise in the light of provisions of Govt of India letter dt 04.06.2010 within a period of four months from the date of receipt of a certified copy of this Order and the outcome thereof, shall be intimated to the Applicant.

9. The OA is disposed off accordingly. Pending Miscellaneous Application(s), if any, also stand disposed off.

10. No order on costs.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

Ssy/-