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2010 Supreme(J&K) 32

SUNIL HALI
Preeti Sidhu – Appellant
Versus
Union Of India – Respondent


Advocates Appeared:
Advocate For Appellant: Sunil Sethi
Advocate For Appellant: Ravi Abrol
Advocate For Respondent: K.K. Pangotra

1. Petitioner is wife of one Lt. Col. A.S. Sidhu, who is stated to have died on 05.10.2002. It is stated that deceased was deputed to "Operation Parakaram" which was associated with Kargil War. The operation was to flush out the militants as also the regular Pakistan Army who had intruded into the part of the Indian territory. In the said operation about 600 army officers and jawans lost their lives. The husband of the petitioner, who was already having heart ailment, was deputed to the operation, as a result of which his ailment aggravated and resultantly he died thereafter. On his death the petitioner was entitled to receive the benefits including pension, however, instead of granting her higher pension she was granted only family pension though she was entitled to get Liberalised Family Pension.

2. It is contended by the respondents that petitioner was granted special pension in terms of Government of India, Ministry of Defence letter No. 1(2)/97/D (Pen-C) dated 31.01.2001.

It is contended that the scheme of the act reveals that the death has been caused which is attributable to or aggravated by military service, as determined by the competent medical authorities. It further revea










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