Smt Shanti Devi wo late Sub Mahipal Singh (Army) vs UOI & Others on 28 July 2025

O R D E R

28.07.2025

1. By way of this Application under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has prayed for directing the Respondents to grant Liberalised Family Pension to the Applicant wef 30.05.2008 along with Ex-Gratia Award and other consequential benefits for Battle Casualty and that the arrears be paid @ 12% per annum.

2. Brief facts of the case as enunciated by the Applicant are that the Late husband of the Applicant was enrolled in the Army on 03.10.1981. While performing bonafide military duty at a post in high altitude area of J&K, he developed acute pain in abdomen. He was de-inducted from the post to Naugaon Garrison at 1800h on the same day for treatment and the following day on 01.05.2008 at about 0800 hours, he was evacuated to 92 Base Hospital by Helicopter and was treated but unfortunately, at about 2145 hours on 02.05.2008, he died due to septic shock due to intestinal perforation

(operated). Detailed Battle Casualty (BC) Report was forwarded by the unit to ADG MP (MP-5), AG’s Branch, IHQ of MoD (Army) vide letters dt 04.05.2008 and 15.05.2008. However, the Competent Authority arbitrarily considered his death as Physical Casualty (PC) and granted Special Family Pension to the Applicant instead of Liberalised Family Pension. The Applicant reiterated that her husband died while performing bonafide military duty in high altitude area of J&K due to environmental illness and, hence, she is entitled for grant of Liberalised Family Pension. The Applicant made representation for grant of Liberalised Family Pension but the Respondents paid no heed. Therefore, the aggrieved Applicant has filed present OA.

3. The Respondents have filed a detailed Reply Statement. While not disputing the basic facts presented by the Applicant, the Respondents have submitted that the death of the deceased soldier was covered under Category “B” of Govt of India, Ministry of Defence letter dt 31.01.2001 and, accordingly, his death was classified as “Physical Casualty” by the Competent Authority and, therefore, the Applicant is not eligible for grant of Liberalised Family Pension. The Respondents have also raised objections on the grounds that this Tribunal vide Order dt 18.12.2015 in OA No 298/2015 had directed the Applicant to make representation before the Competent Authority for grant of Liberalised Family Pension, however, the Applicant did not make any representation before the Competent Authority as directed by this Tribunal and after a lapse of two years, the Applicant has again filed the present OA for the same relief without availing the remedy available to her as ordered by this Tribunal. In view of the aforesaid averments, the Respondents have reiterated that the OA is devoid of merit and deserves to be dismissed.

4. During the course of arguments, Learned Counsel for the Applicant submitted that in compliance of this Tribunal Order dt 18.12.2015, the Applicant had written an application dt 26.02.2016 to the Defence Secretary, Ministry of Defence, New Delhi for grant of Liberalised Family Pension but no reply has been received so far. He further placed reliance on Hon’ble Supreme Court judgment dt 03.12.2024 in Civil Appeal No 13730/2024 in the case of UOI &

Ors Vs Saroj Devi and prayed that the case may be decided in the light of aforesaid judgment.

5. Heard Learned Counsels for both the parties and perused the material placed before us.

6. Perusal of records reveals that while serving in high altitude area of J&K, the deceased soldier suffered acute abdominal pain at 1600 hours on 30.04.2008 and was de-inducted for medical treatment to Naugam Garrison on the same day. On 01.05.2008, he was evacuated by helicopter to 92 Base Hospital where he succumbed due to Septic Shock due to intestinal perforation (Operated) at 2145 hours on 02.05.2008 and his death was considered as Attributable to Military Service by the Competent Medical Authority. The death of the deceased soldier was classified as “Battle Casualty” by the Unit, however, the same was classified as “Physical Casualty” by the Competent Authority at IHQ of MoD (Army) in terms of Appendix A to Army Order (AO) 1/2003/MP and the same was intimated to the unit vide Signal dt 17.09.2008 (Appendix R/6). It is also not in dispute that the death of the deceased soldier did not occur in the face of enemy and, hence, does not get covered under Para ‘D’ & ‘E’ of GoI, MoD letter dt 31.01.2001 for making her eligible for Liberalised Family Pension. Therefore, the Applicant is clearly not eligible for grant of Liberalised Family Pension in the light of principles laid down by Hon’ble Supreme Court in the case of Kanchan Dua Vs UOI & Others, & Civil Appeal Nos 7525-7526 in the case of Smt Radhika Devi Vs UOI & Others, decided on 23/9/2019. Further, the judgment given in the case of Saroj Devi (Supra) was with reference to peculiar circumstances wherein the deceased soldier was part of an Area Domination Patrol in the proximity of AIOS during extreme climatic conditions. On the other hand, in the instant case, the deceased soldier suffered from acute abdominal pain while posted in high altitude area and was evacuated to 92 Base Hospital and died during treatment due to septic shock due to intestinal perforation. Thus, the circumstances in both these cases are quite distinct, and Saroj Devi’s case, on which the Applicant has placed reliance, is not relevant in the instant case.

7. However, keeping in view that the Learned Counsel for the Applicant has prayed for remanding back the matter to the Respondents and Learned Counsel for the Respondents have raised no objection to the prayer, we direct the Respondents to consider the prayer of the Applicant in light of Hon’ble Supreme Court judgment in the case of Saroj Devi (Supra), the Govt of India letter dt 31.01.2001 ibid and the extant Army Orders/ rules/policies within a period of six months from the date of receipt of a certified copy of this Order.

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

9. No order on costs.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

Ssy/-