Landmark Ruling: High Court Upholds Army Widow's Liberalised Pension Claim
The Punjab and Haryana High Court ruled in favor of granting Liberalised Family Pension to Anuradha Saini, widow of Major Sushil Kumar Saini, who died in an operational area. Despite a challenge from the Union government, the court upheld the Armed Forces Tribunal's decision, citing findings from a Court of Inquiry.
- Country:
- India
In a significant ruling, the Punjab and Haryana High Court has upheld the decision to grant Liberalised Family Pension to Anuradha Saini, widow of Major Sushil Kumar Saini, who died while on duty in an operational area on the Indo-Pak border.
The High Court's decision came after the Union government challenged an order by the Armed Forces Tribunal (AFT) in March 2023. The AFT had enhanced pensionary benefits for the widow, but the government argued that as Major Saini died while asleep inside a bunker, his death could not be considered as occurring in an operational area.
However, the Court of Inquiry found that the death was attributable to military service, thus meeting the criteria for Liberalised Family Pension. The High Court concurred, noting Major Saini's deployment during Operation Rakshak and the conditions preceding his death, including addressing a border infiltration attempt. The court's decision reinforces the principle that military service-related fatalities warrant enhanced pension benefits.
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