ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR

20.

OA No 04/2019 with MA No 05/2019 Smt Kamla, Wd/o Mp-2877731F Late Nk Suresh Kumar, R/o VPO-Jharoda, Teh-Buhana, Distt-Jhunjhunu (Raj) …. Applicant Versus

1. Union of India, represented by Secretary, Ministry of Defence, South Block, New Delhi – 110011

2. PCDA (P), Draupadi Ghat, Allahabad (UP)

3. The OIC Records, The Rajputana Rifles, Delhi Cantt-10 …. Respondents For Applicant : Mr Yogendra Singh, Advocate For Respondents : Mr Brij Bihari Sharma, Advocate CORAM:

HON’BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)

HON’BLE MR. SANJIV MITTAL, MEMBER (A)

O R D E R

05.08.2025 MA No 05/2019

1. MA No 05/2019 has been filed by the Applicant for condonation of delay of more than 20 years in filing the OA. Having considered the reasons and grounds stated in the MA and also the fact that the pension is a recurring cause of action, the delay in filing the OA is condoned.

OA No 04/2019

2. By way of this Application under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has prayed for directing the Respondents to grant Liberalised Family Pension to the Applicant wef 21.12.1996 along with Ex-Gratia Award and other consequential benefits for Battle Casualty and that the arrears be paid @ 12% per annum.

3. Brief facts of the case as enunciated by the Applicant are that the Late husband of the Applicant was enrolled in the Army on 30.11.1980 and made his supreme sacrifice on 20.12.1996 while posted in High Altitude Area. The death of the deceased soldier was classified by the Respondents as Physical Casualty instead of Battle Casualty and, accordingly, the Applicant has been granted Special Family Pension wef 21.12.1996. The Applicant submits that her husband was deployed for operational duties in extreme climatic conditions in High Altitude Area where he died due to High Altitude Pulmonary Oedema while performing operational duties. Therefore, his death should have been classified as “Battle Casualty” in terms of Appendix A to AO 1/2003. The Applicant made representations for grant Liberalised Family Pension but to no avail. Therefore, the aggrieved Applicant has filed present OA.

4. The Respondents have filed a detailed Reply Statement. While not disputing the basic facts presented by the Applicant, the Respondents have submitted that the Applicant’s husband was ordered to move from Point No 4206 to Point No 4711 on 20.12.1996 along with two Other Ranks (OR). The party started at 1100h on 20.12.1996 by foot column from Point No 4206 for Point 4711 and reached at 1320 hours on the same day. Upon reaching the post, ie., Point 4711, Lumpo (Tawang), he drank boiled water and soon after drinking the water, he started feeling uncomfortable and went inside a nearby FRP to relax. There, he had difficulty in breathing, therefore, he was put on Oxygen but his condition did not improve and he became unconscious. Thereafter, he collapsed and was declared dead by the Medical Officer. As per the opinion of medical authority, the cause of death was due to High Altitude Pulmonary Oedema which was considered as Attributable to Military Service while deployed in High Altitude Area. His death was classified as Physical Casualty under the provisions of SAO 8/S/1985 and, accordingly, the Applicant has been granted Special Family Pension and other consequential benefits. The circumstance for grant of Liberalised Family Pension is governed by the provisions contained in categories ‘D’ & ‘E’ of Govt of India, Ministry of Defence letter dt 31.01.2001 and the death of Applicant’s husband does not fall under these categories where his death falls under category ‘B’ of Para 4.1 of aforesaid letter dt 31.01.2001 which reads as “Death or disability, due to causes which are accepted as attributable to or aggravated by military service as determined by competent medical authorities. Diseases contracted because of continued exposure to a hostile work environment, subject to extreme weather conditions or occupational hazards