Entitlement to Liberalised Family Pension and ex-gratia payment is determined based on the circumstances of the death of the Armed Forces personnel.

Headnote:
Liberalised Family Pension - Entitlement of Appellant - The court held that Liberalised Family Pension is payable only to the family members of Armed Forces personnel who have died in action. As the death of the Appellant's husband was not during enemy action in international war or border skirmishes and action against militants, terrorists, extremists etc., the Appellant is not entitled to Liberalised Family Pension. However, the court found the Appellant entitled to ex-gratia payment of Rs. 5 lakhs in accordance with the Instructions dated 22.09.1998.
Fact of the Case:

Naib Subedar Umed Singh collapsed and was declared dead while taking part in fire fighting drill activities. The Appellant filed for Liberalised Family Pension, which was granted by the High Court but was challenged by both the Appellant and the Union of India.
Finding of the Court:

The court found that the Appellant is not entitled to Liberalised Family Pension but is entitled to ex-gratia payment of Rs. 5 lakhs. The judgment of the High Court declaring the Appellant entitled for Liberalised Family Pension was set aside, and the judgment that the Appellant is entitled for ex-gratia payment of Rs. 5 lakhs was upheld.
Issues: Entitlement to Liberalised Family Pension and ex-gratia payment.
Ratio Decidendi: Liberalised Family Pension is payable only to the family members of Armed Forces personnel who have died in action. Ex-gratia payment is payable in all cases of death and disability in service to the family members of the Armed Forces Personnel who died in harness.
Final Decision: The judgment of the High Court declaring that the Appellant is entitled for Liberalised Family Pension was set aside. The Appellant is entitled only for the Special Family Pension. The judgment of the High Court that the Appellant is entitled for ex-gratia payment of Rs. 5 lakhs was upheld.

JUDGMENT

L. Nageswara Rao, J. - Leave granted.

1. For the sake of convenience, the parties are referred to as they are arrayed in Civil Appeal Nos. 7525-7526 of 2019 arising out of SLP (C) Nos. 8588-8589 of 2014 filed by Smt. Radhika Devi.

2. Naib Subedar Umed Singh was enrolled in the Army on 13.03.1976. On 19.12.2001, he was posted at the International Border in Operation Parakram. While taking part in the fire fighting drill activities at about 4.00 pm on 21.05.2002, he collapsed and was declared dead. According to the death certificate, he died due to Ischemic heart disease leading to cardiac arrhythmia (ventricular fibrillation).

3. The Respondents granted Special Family Pension to the Appellant. Unsatisfied with the grant of Special Family Pension instead of the Liberalised Family Pension, the Appellant filed O.A. No. 167 of 2011 before the Armed Forces Tribunal, Principal Branch, New Delhi (for short "the Tribunal"). The Tribunal dismissed the O.A. on 23.11.2011, holding that the Appellant was not entitled to either Liberalised Family Pension or ex-gratia payment. Aggrieved by the order of the Tribunal, the Appellant filed a Writ Petition in the High Court of Delhi, which was allowed. The High Court found that the Appellant was entitled to Liberalised Family Pension and ex-gratia payment of Rs. 5 lakhs. The Appellant challenged the judgment of the High Court to the extent that ex-gratia payment of Rs. 7.5 lakhs was not awarded in her favour. The Respondent, Union of India has also filed an appeal questioning the judgment of the High Court in so far as it relates to the declaration that the Appellant is entitled to the Liberalised Family Pension and the award of Rs. 5 lakhs as ex-gratia amount.

4. The claim of Liberalised Family Pension by the Appellant is on the basis of the Instructions issued by the Government of India on 31.01.2001. As per the said Instructions, a member of the family of a deceased Armed Forces Personnel whilst employed in an operation notified by the Government of India would be entitled to Liberalised Family Pension. In Kanchan Dua v. Union of India and Anr. Civil Appeal Nos. 7459-7460 of 2010, we have discussed in detail the modifications issued to the Rules and Regulations granting beneficiary awards to the family members of the Armed Forces Personnel who died in action by the letter dated 24.02.1972. We have also carefully examined the scope of the entitlement of Liberalised Family Pension in case of the death of persons employed in the operations notified by the Government of India. After a close scrutiny of the relevant circulars, we have held that Liberalised Family Pension in accordance with the Instructions issued by the Government of India is payable only to the family members of Armed Forces personnel who have died in action.

5. In view of the death of the Appellant due to cardiac failure, the Appellant is not entitled to Liberalised Family Pension. In so far as the payment of ex-gratia amount/compensation is concerned, we are convinced that the Appellant is entitled to Rs. 5 lakhs as ex-gratia compensation in accordance with the Instructions dated 22.09.1998. The special benefits that were granted by the Government of India for ex-gratia payment is payable in all cases of death and disability in service to the family members of the Armed Forces Personnel who died in harness. As the death of the Appellant's husband was not during enemy action in international war or border skirmishes and action against militants, terrorists, extremists etc., the Appellant is not entitled to Rs. 7.5 Lakhs as claimed by her.

6. We set aside the judgment of the High Court declaring that the Appellant is entitled for Liberalised Family Pension. She is entitled only for the Special Family Pension. Further, we uphold the judgment of the High Court that the Appellant is entitled for ex-gratia payment of Rs. 5 lakhs. With the above observations, the Appeals are disposed of, accordingly.

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