In a significant ruling, the Armed Forces Tribunal (AFT) has directed authorities to grant a special family pension to the widow of an Indian Air Force soldier, firmly rejecting the government's argument that his death was primarily due to alcohol consumption. The tribunal emphasized that service-related factors, including deployment to a higher altitude, were key contributors.
Case Background: A Widow's Fight for Pension
The case was brought before the Lucknow bench of the AFT by Kavita Talan, the widow of late Corporal Jasvindra Singh Talan. Corporal Talan, who enrolled in the Indian Air Force in June 2007, died on July 15, 2015, while on temporary duty in Kurseong, Darjeeling (West Bengal). The cause of death was an intracranial (brain) haemorrhage.
Following his death, the government denied Kavita Talan the special family pension. Authorities claimed the death was neither attributable to nor aggravated by military service, citing medical records that stated the airman was a regular consumer of alcohol for the preceding six years.
AFT's Landmark Observations and Order
The AFT bench, comprising Justice Suresh Kumar Gupta and Major General Sanjay Singh (Retd), scrutinized the government's stance. While acknowledging the medical note on alcohol consumption, the tribunal found it insufficient to solely blame the habit for the fatal medical event.
The bench made several critical observations:
- High Altitude as a Factor: Although Kurseong is not officially classified as a "high-altitude area," the tribunal noted it is at a significantly higher elevation than Corporal Talan's usual place of posting. This change, coupled with the travel from Purnia, could have adversely affected his health.
- Lack of Definitive Medical Basis: The AFT stated that attributing death solely to alleged alcohol consumption was unsustainable and lacked concrete medical correlation.
- Performance of Duty: Crucially, the tribunal held that the death occurred during the performance of bonafide official duty, making it a service-related case.
The order clarified, "We make it clear that the death of the applicant's husband was not definitely due to regular alcohol for the last 6 years. There could be other factors, viz high altitude, the fact that he travelled to Kurseong from Purnia, etc."
Pension Granted with Retrospective Effect
Allowing Kavita Talan's application, the AFT directed the authorities to grant her the special family pension with effect from July 16, 2015, the day after her husband's demise. However, following Supreme Court precedent, the payment of arrears will be limited to the three years prior to the filing of the application.
This ruling underscores the tribunal's role in ensuring a holistic view of service-related hardships and provides a crucial precedent for families seeking benefits after the loss of a service member.
