CWP No. 19605 of 2026 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (112) CWP No. 19605 of 2026 (O&M) Date of Decision : 02.07.2026 Union of India and others ...Petitioners Versus Smt. Manju Devi and another ...Respondents CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI HON'BLE MR. JUSTICE AMARINDER SINGH GREWAL Present: Ms. Krishna Dayama, Senior Panel Counsel for the petitioner-Union of India. (Joined through Video Conferencing) *** Harsimran Singh Sethi, J. (Oral) 1. The present petition has been filed challenging the order dated 27.04.2023 (Annexure P-1) passed by the learned Armed Forces Tribunal, Regional Bench, Chandigarh i.e. respondent No. 2 by which, the benefit of special family pension has been extended in favour of respondent No. 1 after the death of her husband by treating the disability suffered by husband of respondent No. 1 as attributable to or aggravated by the military service. 2. Learned counsel appearing on behalf of the petitioners argues that the death of the husband of respondent No. 1 was not due to any act attributable to or aggravated by the military service and, therefore, the grant of special family pension in favour of respondent No. 1 by the Tribunal is incorrect. KANCHAN 2026.07.07 15:12 I attest to the accuracy and integrity of this order/judgment CWP No. 19605 of 2026 (O&M) 2 3. We have heard learned counsel for the petitioners and have gone through the record with her able assistance. 4. It may be noticed that the husband of respondent No. 1, namely, L/Naik Sandeep Kumar unfortunately died on 16.03.2014 while in active service and the cause of the death was “Shock & Haemorrhage due to anti mortem injuries in vital organs”. Further, after the said injuries were suffered which resulted into death, a Court of enquiry was conducted by the petitioners themselves and as per the Court of Enquiry report dated 07.05.2014, the death was held to be attributable to the military service by authority. Despite said finding has been given by “Court of Enquiry”, PCDAC (P) Allahabad did not take into consideration said finding and assessed the death of husband of respondent No. 1 as neither attributable to nor aggravated by the military service so as to grant benefit of special family pension. The Armed Forces Tribunal has rightly set-aside the opinion of the PCDAC (P) Allahabad so as to consider the report given by the Court of Enquiry where the death of the husband of respondent No. 1 was held to be attributable to the military service. The report given by Court of Enquiry must have been based upon the cogent evidences, which report was brought before the said Court of Enquiry and without there being any cogent reasons of denying the finding given in said report, the same could not have been overruled by the administrative authority i.e. PCDAC (P) Allahabad. Hence, the grant of special family pension to respondent No. 1 by considering the death of husband of respondent No. 1 attributable to and aggravated by the military service is perfectly valid and legal. Even otherwise, keeping in view the settled principle of law settled in Dharamvir Singh Vs. Union of India KANCHAN 2026.07.07 15:12 I attest to the accuracy and integrity of this order/judgment CWP No. 19605 of 2026 (O&M) 3 and others, (2013) 7 SCC 316 and facts and circumstances of present case, where at the time of enrollment, husband of respondent No. 1 was not suffering from any disability and it was during his service period that he suffered from a disability which resulted into death, the claim for grant of special family pension raised by respondent No. 1 cannot be denied. 5. No other argument is raised. 6. Keeping in view the above, as the petitioners have failed to prove that the order passed by the Tribunal is perverse either on facts or law, no ground is made out for any interference by this Court in the present petition. 7. Hence, the present petition is dismissed. 8. Pending miscellaneous application, if any, also stands disposed of. (HARSIMRAN SINGH SETHI) JUDGE (AMARINDER SINGH GREWAL) July 02, 2026 JUDGE kanchan Whether speaking/reasoned : Yes Whether reportable : No KANCHAN 2026.07.07 15:12 I attest to the accuracy and integrity of this order/judgment