FACTUAL BACKGROUND

1. [Para 2-5] Nature of Duty and Death:
   • The deceased soldier, Naik Inderjeet Singh, was on an Area Domination Patrol near the Line of Control (LC) under extreme climatic conditions when he complained of breathlessness.
   • Despite efforts to evacuate him, adverse weather led to a delay, and he succumbed to cardiopulmonary arrest.
   • Initially categorized as a "battle casualty," the death was later reclassified as a "physical casualty," attributable to military service.

LEGAL PROVISIONS

2. [Para 6-7] Relevant Pension Orders:
   • Liberalised Family Pension (LFP) is governed by the order dated 31st January 2001, issued by the Ministry of Defence.
   • The relevant categories for LFP are D and E of Para 4.1. In this case, Category E(f) was argued as applicable.

TRIBUNAL’S FINDINGS

3. [Para 8-9] Tribunal’s Rationale:
   • The Armed Forces Tribunal classified the death as a "Battle Casualty" based on Army Order 1 of 2003 (Appendix A), which includes casualties caused by climatic conditions during operations near LC.
   • It was held that the widow was entitled to LFP and related benefits.

SUPREME COURT’S FINDINGS

4. [Para 10-11] Applicability of Category E(f):

   • Clause E(f) includes death due to war-like situations or extreme climatic conditions near operational areas.
   • Since the deceased was operating in harsh climatic conditions close to the LC as part of Operation Rakshak, the death fell within Category E(f).

5. [Para 12] Distinguishing Case Law:

   • Decisions in Kanchan Dua v. Union of India and Radhika Devi v. Union of India were found inapplicable as the facts differed significantly.

6. [Para 13] Need for Compassion:

   • The Court criticized the appellants for dragging the widow to litigation, emphasizing the importance of a compassionate approach.

7. [Para 14] Costs and Directions:

   • The appeal was dismissed, and the Union of India was directed to implement the Tribunal’s decision within three months and pay Rs. 50,000 in costs.

Legal Acts and Sections Discussed:

• Ministry of Defence Order dated 31st January 2001: Governs the eligibility for Liberalised Family Pension under Categories D and E.
• Army Order 1 of 2003 (Appendix A): Provides classification criteria for physical and battle casualties, including deaths caused by extreme climatic conditions near LC.

Ratio Decidendi:

The death of an army personnel due to illness arising from extreme climatic conditions during active duty near the Line of Control qualifies as a "Battle Casualty" under Clause 1(g) of Appendix A to Army Order 1 of 2003. Such a death is also covered under Category E(f) of the Ministry of Defence Order dated 31st January 2001, entitling the family to Liberalised Family Pension and associated benefits.

Subjects:

Military Law, Pensionary Benefits, Armed Forces Tribunal
Liberalised Family Pension, Battle Casualty, War-like Situation, Supreme Court Judgment, Armed Forces Tribunal Decision, Compassionate Relief