High Court Upholds Higher Pension for Family of Army Officer Who Died on Border Duty
The Punjab and Haryana High Court has delivered a landmark judgment, affirming that the family of an Army officer who died in his sleep in a bunker on the international border is entitled to liberalised family pension. This pension is significantly higher than the ordinary pension, recognizing the officer's death as occurring in the line of duty within a notified operational area.
Court Rejects Government's Challenge, Upholds Tribunal Decision
A division bench comprising Justice Harsimran Singh Sethi and Justice Vikas Suri upheld the March 16, 2023, decision of the Armed Forces Tribunal (AFT). The AFT had enhanced pensionary benefits for Anuradha Saini, the widow of the deceased officer, Major Sushil Kumar Saini. The central government had challenged this order, arguing that since Major Saini died while asleep in a bunker, his death could not be treated as having occurred in an operational area. The government contended that the case qualified only for special family pension, not the higher liberalised family pension.
However, the High Court firmly rejected these arguments. The bench noted that Major Saini was deployed on the India-Pakistan border in an area officially notified for Operation Rakshak. The court 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 he was performing bona fide duties during Operation Rakshak.
Operational Stress and Infiltration Attempt Cited as Key Factors
The bench also considered 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 records, Major Saini, who was already suffering from hypertension, suffered a fatal heart attack following operational stress. Referring to government instructions dated January 31, 2001, the bench held that the case fell under Category E(i), which covers deaths occurring during "operations specially notified by the Government."
"Anuradha Saini is entitled to Liberalised Family Pension," the High Court declared, emphasizing the officer's service in a high-risk environment.
Detailed Account of the Fateful Night
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 apprehended Bangladesh nationals at the international border. Subedar Rao reported the 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 7 a.m., assistant gunner George Mathew found him lying unconscious and raised an alarm. Major Saini was immediately shifted to Amritsar military hospital in an ambulance, where he was declared dead. The cause of death was determined to be acute myocardial infarction.
Long Battle for Pension Justice
Initially, the officer's wife was informed of his death and granted only ordinary family pension. Her subsequent claim for higher pension was rejected, leading to a prolonged legal battle. The AFT ruled in her favor, treating it as a case of battle casualty. The High Court has now upheld the AFT's decision, ensuring the grant of liberalised family pension to Anuradha Saini.
This judgment sets a significant precedent for military pension cases, reinforcing that deaths in notified operational areas, even during rest periods, can qualify for higher benefits due to the inherent risks and stresses of service.
