CWP-18305-2025 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (203) CWP-18305-2025 (O&M) Date of Decision : July 09, 2026 Union of India and others .. Petitioners Versus Saroj Devi and another .. Respondents CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI HON'BLE MR. JUSTICE AMARINDER SINGH GREWAL Present: Ms. Neha Jain, Senior Standing Counsel, for the petitioners. Ms. Mamta Saini, Advocate, for respondent No.1. HARSIMRAN SINGH SETHI J. (ORAL) 1. Present writ petition has been filed challenging the order dated 22.03.2023 (Annexure P-6) passed by respondent No.2- Armed Force Tribunal, Regional Bench, Chandigarh (hereinafter referred to as ‘the Tribunal’) so as to hold respondent No.1 eligible for the grant of liberalized pension, which is admissible in case, the death has occurred in an operational area while in service. 2. Learned counsel for the petitioners submits that death of the husband of respondent No.1 occurred due to the cardiac arrest and hence, cannot be treated as attributable to or aggravated by the military service and therefore, the grant of the liberalized pension in the facts and circumstances of the present case is not made out which fact has been ignored by the Tribunal. HARSHA RANI 2026.07.15 14:23 I attest to the accuracy and integrity of this document CWP-18305-2025 (O&M) 2 3. Learned counsel appearing on behalf of respondent No.1 submits that after the death of the husband of respondent No.1, the special family pension has been made admissible and such family pension is only granted in case, the death is held to be attributable to the military service. 4. Learned counsel for respondent No.1 submits that once, the petitioners have conceded that the death of the husband of respondent No.1 is attributable to the military service, coupled with the fact that the death occurred in an operational area while being posted in Jammu and Kashmir under Operation Rakshak, the same has to be treated under Category D & E of para 4.1 of the Instructions/Letter dated 31.01.2001 by the Govt. of India, Ministry of Defence. 5. We have heard learned counsel for the parties and have gone through the record with their able assistance. 6. The facts of the present case clearly shows that the death of the husband of respondent No.1 occurred on 15.12.2009 while he was posted in Jammu and Kashmir, which is a Counter Insurgency Operational area under the Operation Rakshak. It is also a conceded fact that after the death, the Court of enquiry was conducted wherein, the death of the husband of respondent No.1 was held attributable to the military service which led to the issuance of special family pension in favour of respondent No.1. 7. Once, it is a conceded position that the death of the husband of respondent No.1 was attributable to the army/military service, in order to get liberalized pension, respondent No.1 was only to prove that the said death occurred while being posted in an operational area so as to be covered under HARSHA RANI 2026.07.15 14:23 I attest to the accuracy and integrity of this document CWP-18305-2025 (O&M) 3 the Instructions dated 31.01.2001. The category D & E of para 4.1 of the Govt. of India, Ministry of Defence of the Instructions dated 31.01.2001 are as under:- “Category – ‘E’ Death and Disability arising as a result of:- (a) enemy action in international war. (b) action during deployment with a peace keeping mission abroad. (c) border skirmishes. d) during laying or clearance of mines including enemy mines as also minesweeping operations. (e) on account of accidental explosions of mine while laying operationally oriented mine-field or lifting or negotiating minefield laid by the enemy or own forces in operational areas near international borders or the line of control. (f) War like situations, including cases which are attributable to/aggravated by:- (i) extremists acts, exploding mines etc, while on way to an operational area (ii) battle inoculation training exercises or demonstration with live ammunition. (iii) kidnapping by extremists while on operational duty. (g) An act of violence/attack by extremists, anti-social elements etc. (h) Action against extremists, anti-social elements etc. Death/disability while employed in the aid of civil power in quelling agitation, riots or revolt by demonstrators will be covered under this category. i) Operations specially notified by the Govt. from time to time.” 8. A bare perusal of the above would show that any injury/death occurred while being posted in operational area is to be treated as injury/death in a War hence, the grant of liberalized pension on the account that the death of the husband of respondent No.1 occurred in an operational area which death was concededly attributable to the military service, the grant of the benefit of liberalized pension by the Tribunal cannot be held to be perverse either on facts or on law. 9. No other argument has been raised. HARSHA RANI 2026.07.15 14:23 I attest to the accuracy and integrity of this document CWP-18305-2025 (O&M) 4 10. Keeping in view the above, no ground is made out for any interference by this Court in the facts and circumstances of the present case. 11. Accordingly, the writ petition is dismissed. 12. Civil miscellaneous application pending if any, also stands disposed of. (HARSIMRAN SINGH SETHI) JUDGE July 09, 2026 (AMARINDER SINGH GREWAL) harsha JUDGE Whether speaking/reasoned : Yes Whether reportable : No HARSHA RANI 2026.07.15 14:23 I attest to the accuracy and integrity of this document