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Kanchan Dua v. Union of India & Anr.

Civil Appeal · 2019 INSC 1066Decided 23 Sept 2019
Civil Appeal Nos. 7459-7460 of 2010
Justice L. Nageswara Rao · Justice Hemant Gupta

Background

The appellant's husband, an Army Colonel posted on an operational deployment (Operation Rakshak) in Jammu and Kashmir, died of sudden cardiac failure attributed to stress. After a High Court directed correction of his service record to note the death occurred "under Operation Rakshak," the appellant sought Liberalised Family Pension (a higher benefit meant for those killed/disabled in active operations), but the authorities and later the Armed Forces Tribunal held that death by cardiac failure did not qualify under the relevant pension category, prompting her appeal to the Supreme Court.

Decision Breakdown

The Supreme Court examined the history and text of the government instructions governing Liberalised Family Pension, including the 1972 and 2001 circulars and the 1990 notification extending certain concessions to Operation Rakshak personnel, and found that Liberalised Pensionary Awards under these instructions are confined to personnel killed or disabled due to injuries sustained in actual combat/live action, not death from natural causes such as cardiac failure, even if it occurs during an operational deployment. The Court distinguished contrary High Court decisions cited by the amicus curiae as not having examined the relevant 1972 letter and 1990 notification, and declined to grant relief based on an Expert Committee report favourable to the appellant since the government had not accepted that recommendation. The appeals were accordingly dismissed, with the Court appreciating the amicus curiae's assistance.

Lesson Learnt

Liberalised Family Pension for Armed Forces families is reserved for deaths or disabilities arising from actual combat or hostile action, not for deaths from natural medical causes even if they occur while a soldier is on an officially notified operational deployment.

Official source (sci.gov.in)View Judgment (PDF)

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