Smt Anand Devi wo late ALD FAteh Lal Goswami (Army) vs UOI & Others on 4 August 2025

**O R D E R**

**04.08.2025**

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 with effect from the death of her husband, ie, 29/12/1991 with all consequential benefits.

2. Brief facts of the case as enunciated by applicant are that the husband of the applicant was enrolled in the Army on 25/5/1982. He carried out his duties in a very efficient manner in various sectors and he was never ever punished for dereliction in his duties. On 29/12/1991, while the husband of the applicant was on an Operational Duty, due to deteriorating visibility conditions and fog, his tank accidentally fell into the Indira Gandhi Canal and as a result, he died due to 

drowning. The Court of Inquiry that had gone into the cause of the death of the husband of the applicant opined that his death occurred during an MT accident while on an operational duty and his death was considered as attributable to military service. The applicant was granted family pension, but liberalised family pension was denied to her despite the fact that her husband died on an operational duty as entitled to her in terms of Govt of India, Ministry of Defence letter dated 31/1/2001. Having been aggrieved by the non action of the Respondents, the applicant has filed this OA praying for relief, as prayed for.

3. Respondents have filed a Reply Statement and, while not disputing the basic facts, submitted that the husband of the applicant died on 29/12/1991 at 0545 hours due to accidental drowning consequent to falling down from the Tank, Vijayanta, BA No 75X 319A belonging to 82 Armoured Regiment into the Indira Gandhi Canal while participating in Formation Exercise. Court of Inquiry held under the aegis of HQ 18 Inf Div that had gone into circumstances of the accident opined that the Tank falling into the Indira Gandhi Canal was purely accidental and there was no evidence of culpable negligence on the part of its crew members. Death of husband of the applicant was considered as attributable to military service. He had rendered nine years, 7 months and four days of service at the time of his demise. The applicant was granted Special Family Pension wef 30/12/1991 for life till widowhood or remarriage whichever is earlier. Petition dated 29/12/1993 submitted by the applicant for grant of Liberalised Family Pension was rejected on the ground that the husband of the applicant died while participating collective training, whereas as per the policy, the Liberalised Family Pension is entitled to the families of personnel who die during operation/battle inoculation training. Respondents further submit that in terms of Govt of India, Ministry of Defence letter dated 31/1/2001, in case of death of an armed forces personnel falls under the circumstances mentioned in Category D and E of Para 

4.1 of ibid Govt letter, the eligible family member of the family shall be entitled to Liberalised Family Pension equal to reckonable emoluments last drawn.

4. During the course of hearing, Counsel for the applicant has brought to fore a copy of the Appendix A to AO 1/2003, describing the circumstances for classifying casualties as Battle or Physical.

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

6. It is not in dispute that life of the husband of the applicant was abruptly cut short in the wee hours of 29/12/1991 due to accidental falling into the Indira Gandhi Canal of the Tank, Vijayanta, while participating in Formation Exercise. Both the crew members of the Tank including the husband of the applicant died by drowning. Court of Inquiry that had investigate the accident had opined that the Tank falling into the Indira Gandhi Canal was purely accidental and there is no evidence of culpable negligence on the part of its crew members. Death of husband of the applicant was considered as attributable to Military Service and the Applicant was granted Special Family Pension for life. With regard to classification of Battle or Physical, Sub Para (j) of Para 1 of Appendix A to AO 1/2023 reads as follows :- **Battle Casualties**

(a) To (h). x x x x

(j) Casualties occurring while carrying out battle inoculation/training or operational oriented training in preparation for actual operations due to gun shot wounds/explosion of live ammunition/explosives/mines or by drowning/electrocution.

(k) to (s) x.x.x.x


7. In the light of the provision contained in Army Order 1/2003 and since husband of the applicant died by drowning while participating in Formation Exercise, we deem it appropriate to remit the case back to the Competent Authority for their reconsideration for the prayer of the applicant in granting Liberalised Family Pension instead of the Special Family Pension which she is in receipt of now. We expect the Respondents to take a pragmatic decision in this regard in accordance with extant rules/policy, particularly the ibid Army Order, within a period of six months from the date of receipt of a copy of this Order. The outcome may be intimated to the Applicant accordingly. In case the applicant is considered for grant of Liberalised Family Pension, the arrears may be restrict to three years prior to the date of filing of the OA, in terms of Judgment of the Hon'ble Apex Court in the case of UOI & Ors Vs Tarsem Singh, 2008 (8) SCC 648. The OA has been filed on 06/3/2020.

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

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

A rectangular area of the document has been redacted with a grey box, obscuring the signature of Sanjiv Mittal.

**(SANJIV MITTAL)** **MEMBER (A)**

A rectangular area of the document has been redacted with a grey box, obscuring the signature of Goverdhan Bardhar.

**(GOVERDHAN BARDHAR)** **MEMBER (J)**

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