Smt Madina wo late Hav Sharif Khan (Army) vs UOI & Others on 30 July 2025

**ORDER**

**30.07.2025**

1. Under Section 14 of the Armed Forces Tribunal Act 2007, the applicant has filed this OA praying for directing the Respondents to grant Liberalised Family Pension to the applicant wef 21/12/2018 alongwith Ex gratia award and all other benefits of Battle Casualty of her late husband.

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 07/1/1999. Husband of the applicant made supreme sacrifice on 20/12/2018 while he was deployed with his 

Parent Unit, ie, 20 Grenadiers, at Bandipora, District North Kashmir, in an intense counter terrorist operation. Operational task of the parent unit of the husband of the applicant involved day and night operation under highly strenuous and stressful environment, which has serious ill effects on the health of all ranks deployed in the area. Since his unit was involved in all major operations of the unit since its induction in 15 Corps Zone, and given the highly stressful working environment and its cascading effect on the health of the troops, husband of the applicant developed medical complication on 20/12/2018 at about 1340 hours and despite best efforts put in by the medical authorities, he was declared dead at 1504 hrs on the same day. Death of husband of the applicant was reported as a Battle Casualty and the Unit sent a detailed Battle Casualty report to the Army HQ, AG's Branch vide their letter dated 23/1/2019 in accordance with Army Order 1/2003/MP. However, death of husband of the applicant was classified as Physical Casualty and the applicant was granted Special Family Pension. The applicant submits that since death of her husband was reported as Battle Casualty by the Unit concerned, she is eligible for grant of Liberalised Family Pension instead of the Special Family Pension, which she is in receipt as of now.

3. The Respondents have filed Reply Statement. While not disputing the basic facts, the Respondents have submitted that on completion of his basic military training, husband of the applicant was posted to 20 Grenadiers on 23/10/1999. On 20/12/2018 at about 1345 hours, he reported to the Unit MI Room due to loose motions and from there he was referred to 14 RR MI Room for further treatment. He was losing consciousness enroute and reached the MI Room of 14 RR with no blood pressure and pulse recordable. CPR was initiated at 1415 hours after securing airway by intubation and after vigorous and continuous CPR, the individual was declared dead at 1505 hours due to Cardiac Pulmonary Arrest. Vide letter dated 22/12/2018, 20 Grenadiers submitted a detailed report to IHQ of MoD (Army) in accordance with Para 18 of Army Order No 1/2003/MP vide which the death of husband of the applicant was considered as Battle Casualty. However, since the circumstances under which the husband of the applicant died do not fall within the parameters laid down for classification of Battle Casualty under Army Order 1/2003/MP, read in conjunction with Category 'D' and 'E' cited at Paragraph 4.1 of Govt of India, Ministry of Defence letter dated 31/1/2001, the AG's Branch, IHQ of MoD (Army), the Competent Authority, has declared the death of husband of the applicant as 'Physical Casualty' vide their Signal No 3559 dated 05/4/2019, Annexure A/1 with the OA. Accordingly, the applicant was granted enhanced rate of Ordinary Family Pension apart from all other admissible benefits. Respondents further submit that since husband of the applicant died of Cardiac Arrest and his death was classified as a Physical Casualty, the applicant is not entitled for grant of Liberalised Family Pension in terms of Govt of India letter dated 31/1/2001. In support of their arguments, Respondents have placed reliance on the Judgment passed by the Hon'ble Supreme Court in the case of Kanchan Dua Vs UOI & Ors, Civil Appeal No 7459-7460, decided on 23/9/2019.

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

5. It is evident from the record that the husband of the applicant died of Cardiac Pulmonary Arrest while he was deployed in Jammu and Kashmir under intense Counter Terrorist Operation area of 15 Corps Zone, on 20/12/2018. While the Unit had classified the death of husband of the applicant as Battle Casualty, however, the competent authority at IHQ of MoD (Army) has declared the death of husband of the applicant as a Physical Casualty as the circumstances under which the husband of the applicant died do not get covered within the parameters laid down vide Army Order No 1/2003/MP and Govt of India, Ministry of Defence letter dated 31/1/2001 to classify the death as a Battle Casualty and grant liberalised family pension. The applicant was granted enhanced rate of Ordinary Family Pension and later Special Family Pension, as has been stated by the Applicant also.

6. During the course of hearing, counsel for the applicant has placed on record a copy of Judgment dated 03/12/2024 of the Hon'ble Supreme Court in the case of UOI & Ors Vs Saroj Devi, Civil Appeal No 13730 of 2024, arising out of Diary No 20250 of 2021, holding the view that the respondent ought not to have been dragged to this Court, and the decision making authority of the appellants ought to have been sympathetic to the widow of a deceased soldier who died in harness. Therefore, we propose to impose costs quantified as Rs 50,000/- which will be payable to the respondent and the appeal was dismissed. Counsel for the applicant submits that the case of the applicant herein is similar to the case of the applicant in the Judgment passed by the Hon'ble Supreme Court (supra) and, hence, the applicant herein is also very much entitled for grant of Liberalised Family Pension and related benefits.

7. In this regard, it has been seen that the decision in the case of Saroj Devi has been taken on the basis of the peculiar facts of the case wherein the applicant's husband complained of breathlessness while he was part of an Area Domination Patrol alongwith AIOS in extreme climatic conditions.

8. However, in view of the prayer of the counsel for the applicant, we deem it appropriate to remand the case back to the Respondents to reconsider the case of the applicant in terms of extant rules/regulations and the guidelines of the Hon'ble Apex Court in the cases of Kanchan Dua and Saroj Devi. We expect the Respondents to take a final decision in accordance with the rules and regulations as also the two judgments passed by the Hon'ble Apex Court in the case of Kanchan Dua Vs UOI & Ors & Ors, Civil Appeal No 7459-7460 of 2010, decided यतो न्यायः ततो जयः OA No 228/2019 Smt Madina, Widow of Army No 2692934Y late Hav Sharif Khan on 23/9/2019, within a period of six months from the date of receipt of a copy of this Order and the outcome thereof be communicated to the applicant accordingly.

9. The OA is disposed off accordingly. No order on costs.

सत्यमेव जयते

10. Pending application, if any, also stands disposed off.

(SANJIV MITTAL) MEMBER (A)

cda/-

(GOVERDHAN BARDHAR) MEMBER (J)

यतो न्यायः ततो जयः