In this post we will discuss about the decision of The Armed Forces Tribunal has directed the Punjab government to release enhanced pensionary benefits to the widow of a soldier who lost his life while combating a natural calamity.
AFT directs Punjab government to release pensionary benefits to the widow of a soldier.
Give pension to widow of soldier killed in forest fire
Facts of the case : Naik Surinder Kumar of the Punjab regiment was deployed in the Sino- Indian borderin the northeast. He died in an incident over ten years ago when a tree fell on him when he was called on to assist the authorities in dousing a major forest fire.The army had declared the death a battle casualty as per applicable provisions and the office of the principal controller of defence accounts (pensions) at Allahabad had rejected her papers stating that the death fell in the category of rules which dealt with organised sports and recreation.
Legal issue : Whether the widow of the deceased soldier is entitled to receive pension or not ?
Decision of the Armed Forces Tribunal: The AFT bench comprising of Justice mohd. Tahir and vice admiral HCS Bisht while setting aside the rejection order of the accounts branch and held that the death fell in the category of the rules which dealt with deaths arising out of duty during natural calamities and entitled a widow to liberalised family pension.
The bench also said that this is equivalent to the last drawn employments of the deceased and is applicable in case where the death occurs during operations or other specified field circumstances.
Conclusion : Thus in the present case in hand the Armed forces tribunal held that the widow of the deceased who died in forest fire is entitled to receive the pension and allowed the Punjab govt to release enhanced pensionary benefits to the widow who lost his life in combating natural calamity.
This post is written by Karishma Jain
For case specific advice, please contact best/top/expert Armed Forces Tribunal (AFT) Lawyers Advocates in Chandigarh Panchkula Mohali Zirakpur Derabassi Kharar (Punjab & Haryana).
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