Soldier's death while asleep in border bunker still ‘in line of duty’: HC

Chandigarh: Punjab and Haryana high court has held that the family of an Army officer, who died in his sleep in a bunker on the international border in a notified operational area, is entitled to liberalised family pension, which is higher than ordinary pension.Liberalised pension is granted to soldiers who die in the line of duty.
A division bench comprising Justice Harsimran Singh Sethi and Justice Vikas Suri passed these orders while upholding the March 16, 2023, decision of Armed Forces Tribunal (AFT), enhancing pensionary benefits to Anuradha Saini, the widow of the deceased officer, Major Sushil Kumar Saini.Central govt had challenged Chandigarh AFT's order, arguing that Major Saini's death occurred while he was asleep in a bunker, hence it could not be treated as having taken place in an operational area. At best, the case qualified for special family pension, not the higher liberalised family pension, the Centre contended.Rejecting these arguments, HC noted that the officer was deployed on the India-Pakistan border in an area officially notified for Operation Rakshak. The bench also placed reliance on the findings of a Court of Inquiry, which concluded that the officer's death was attributable to military service and occurred while performing bona fide during Op Rakshak.HC also noted the factual circumstances highlighted by the officer's wife, including an infiltration attempt involving 25 individuals on the same day as his death. According to the record, Major Saini, who was already suffering from hypertension, suffered a fatal heart attack following operational stress.Referring to govt instructions dated Jan 31, 2001, the bench held that the case fell under Category E(i), which covers deaths occurring during "operations specially notified by Govt." Anuradha Saini is entitled to Liberalised Family Pension, HC said.On the night of May 12, 1991, Major Saini received information that 25 Bangladeshis were about to cross over to Pakistan. He contacted Subedar V V K Rao to handle the situation and to escort the Bangladesh nationals apprehended at the international border.Subedar Rao reported details of the operation to Major Saini in his bunker, upon which the officer lauded him for the good work done and went to sleep. The next morning, around 7am, assistant gunner George Mathew found him lying unconscious and raised an alarm. Major Saini was shifted to Amritsar military hospital in an ambulance, where he was declared dead.The officer's wife was informed that he died due to acute myocardial infarction and was granted ordinary family pension. Her claim for higher pension was rejected. However, AFT ruled in her favour, treating it as a case of battle casualty. HC has now upheld AFT's decision for grant of liberalised family pension. MSID:: 128110929 413 |