Union Of India And Ors vs Smt Anjula Devi And Anr on 10 April, 2026

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Punjab-Haryana High Court

Union Of India And Ors vs Smt Anjula Devi And Anr on 10 April, 2026

Bench: Harsimran Singh Sethi

          CWP-10913-2026                             1


          IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

          106                                            CWP-10913-2026
                                                         DATE OF DECISION: 10.04.2026
          UNION OF INDIA AND OTHERS                                               ... Petitioners

                                           Versus

          SMT ANJULA DEVI AND ANOTHER                                            ... Respondents

          CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
                 HON'BLE MR. JUSTICE DEEPAK MANCHANDA

          Present:             Ms. Saigeeta Srivastava, Senior Panel counsel for the petitioners.

                          ****
          HARSIMRAN SINGH SETHI, J. (ORAL)

The present petition has been filed challenging the order dated 31.07.2025 (Annexure P-1) passed by the Armed Forces Tribunal (for short - the 'Tribunal') by which, the benefit of liberalized pension has been awarded in favour of the respondent No.1 keeping in view the fact that the husband of the respondent No.1 was posted in an operational area in Jammu and Kashmir and while performing active duty, he slipped and fell 300 feet down the hill which resulted into his death.

2. Learned counsel for the petitioner submits that the cause of death has been shown as cardiac arrest and therefore, the same will not entitle respondent No.1 for the grant of liberalized pension which benefit has been given, though it is a matter of fact that benefit of grant of special pension was already extended to the respondent No.1.

3. We have heard learned counsel for the petitioner and have gone through the record with her able assistance.

4. The instructions dated 31.01.2001 have been issued by the Government of India wherein, it has been duly mentioned that any death which KUMARI SAPNA 2026.04.18 11.57 I attest to the accuracy and integrity of this document CWP-10913-2026 2 occurs while performing the duty in an operational area, the same will be treated as war injury or war death and same will entitle the family of liberalized family pension. The relevant portion of the said instruction is as under:-

"Para 4.1 Category E xxxx xxxx Category E Death or disability arising as a result of:-

(a) to (e) xxxx xxxx

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

(ii) Battle inoculation training exercises or demonstration with life ammunition.

(g) & (h) xxxx xxxx

(i) Operations specially notified by the Govt. from time to time."

5. In the present case, the husband of the respondent No.1 was posted in an operational area under Op. Prakaram and was posted in Jammu and Kashmir which is a conceded fact. Further, the said death occurred due to the fall while performing the active military duty in an operational area which situation has been covered under the said instructions so as to grant the benefit of liberalized family pension in favour of respondent No.1.

6. The learned counsel for the petitioner has not been able to dispute the said fact. Once, the said instructions clearly entitle respondent No.1 for grant of the liberalized pension, the grant of the same by the Tribunal cannot be treated as arbitrary, illegal or perverse to the facts or the instructions dated 31.01.2001.

7. Hence no ground is made out for any interference by this Court.

8. The present petition stands dismissed.

(HARSIMRAN SINGH SETHI) JUDGE (DEEPAK MANCHANDA) 10.04.2026 JUDGE sapna adhikari Whether speaking/reasoned : Yes Whether reportable : No KUMARI SAPNA 2026.04.18 11.57 I attest to the accuracy and integrity of this document

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