JUDGMENT :

L. NAGESWARA RAO, J.

1. Sanction was accorded by the President of India for the modifications to the Rules/Regulations concerning pensionary benefits to the Armed Forces personnel on 31.01.2001. Pensionary benefits upon the death or disability in attributable/aggravated cases is dealt with in Part II thereof. Category ‘E’ of Part II is as follows:

Category ‘E’

Death or disability arising as a result of: -

(a) Enemy action in international war.

(b) Action during deployment with a peace keeping mission abroad.

(c) Border skirmishes.

(d) During laying or clearance of mines including enemy mines as also minesweeping Operations.

(e) On account of accidental explosions of mines while laying Operationally oriented mine-field or lifting or negotiating mine-field laid by the enemy or own forces in Operational areas near international borders or the line of control.

(f) War like situations, including cases which are attributable to/aggravated by: -

i. Extremist acts, exploding mines etc. while on way to an Operational area.

ii. Battle inoculation training exercises or demonstration with live ammunition.

iii. Kidnapping by extremists while on Operational duty.

(g) An act of violence/attack by ex