Smt Kamla wdo Late Nk Suresh Kumar (Army) vs UOI & Others on 5 August 2025

O R D E R

05.08.2025

MA No 05/2019

1. MA No 05/2019 has been filed by the Applicant for condonation of delay of more than 20 years in filing the OA. Having considered the reasons and grounds stated in the MA and also the fact that the pension is a recurring cause of action, the delay in filing the OA is condoned.

OA No 04/2019

2. 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 21.12.1996 along with Ex-Gratia Award and other consequential benefits for Battle Casualty and that the arrears be paid @ 12% per annum.

3. Brief facts of the case as enunciated by the Applicant are that the Late husband of the Applicant was enrolled in the Army on 30.11.1980 and made his supreme sacrifice on 20.12.1996 while posted in High Altitude Area. The death of the deceased soldier was classified by the Respondents as Physical Casualty instead of Battle Casualty and, accordingly, the Applicant has been granted Special Family Pension wef 21.12.1996. The Applicant submits that her husband was deployed for operational duties in extreme climatic conditions in High Altitude Area where he died due to High Altitude Pulmonary Oedema while performing operational duties. Therefore, his death should have been classified as “Battle Casualty” in terms of Appendix A to AO 1/2003. The Applicant made representations for grant Liberalised Family Pension but to no avail. Therefore, the aggrieved Applicant has filed present OA.

4. The Respondents have filed a detailed Reply Statement. While not disputing the basic facts presented by the Applicant, the Respondents have submitted that the Applicant’s husband was ordered to move from Point No 4206 to Point No 4711 on 20.12.1996 along with two Other Ranks (OR). The party started at 1100h on 20.12.1996 by foot column from Point No 4206 for Point 4711 and reached at 1320 hours on the same day. Upon reaching the post, ie., Point 4711, Lumpo (Tawang), he drank boiled water and soon after drinking the water, he started feeling uncomfortable and went inside a nearby FRP to relax. There, he had difficulty in breathing, therefore, he was put on Oxygen but his condition did not improve and he became unconscious. Thereafter, he collapsed and was declared dead by the Medical Officer. As per the opinion of medical authority, the cause of death was due to High Altitude Pulmonary Oedema which was considered as Attributable to Military Service while deployed in High Altitude Area. His death was classified as Physical Casualty under the provisions of SAO 8/S/1985 and, accordingly, the Applicant has been granted Special Family Pension and other consequential benefits. The circumstance for grant of Liberalised Family Pension is governed by the provisions contained in categories ‘D’ & ‘E’ of Govt of India, Ministry of Defence letter dt 31.01.2001 and the death of Applicant’s husband does not fall under these categories where his death falls under category ‘B’ of Para 4.1 of aforesaid letter dt 31.01.2001 which reads as “Death or disability, due to causes which are accepted as attributable to or aggravated by military service as determined by competent medical authorities. Diseases contracted because of continued exposure to a hostile work environment, subject to extreme weather conditions or occupational hazards resulting in death or disability would be examples.” The provisions mentioned in Para 92 of Section 7 of AO 1/2003 also referred to guidelines of aforesaid letter for determining the pensionary benefits for death or disability under different circumstances due to attributable/aggravated cause. In view of the aforesaid averments, the Respondents have reiterated that the OA is devoid of merit and deserves to be dismissed.

5. During the course of arguments, Learned Counsel for the Applicant 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.

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

7. Perusal of records reveals that while serving in high altitude area of Tawang (Arunachal Pradesh), the deceased soldier along with other two ORs was ordered to move from Point No 4206 for Point 4711 on 20.12.1996 and on reaching at Point No 4711 at 1320 hours, he drank boiled water due to which he got difficulty in breathing and became unconscious. He was put on Oxygen but he became unconscious and, consequently, died at 1745 hours on the same day. His death was classified as Physical Casualty (PC) and, accordingly, the Applicant has been granted Special Family Pension wef 21.12.1996. It is also not in dispute that the death of the deceased soldier did not occur in the face of enemy and, hence, it 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 died due to High Altitude Pulmonary Oedema after drinking boiled water at Point No 4711. 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.

8. 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. In case the Applicant is considered for grant of Liberalised Family Pension, the arrears on account of the same may be restricted to three years prior to filing of the OA, ie., wef 02.01.2016 in view of huge delay in filing the OA in terms of the principles laid down by Hon’ble Supreme Court in the case of UOI Vs Tarsem Singh, 2008 (8) SCC 648.

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/-