Dayanand Sharma, Chandigarh. The Punjab and Haryana High Court has clarified that if a soldier dies due to a condition like 'cerebral hemorrhage' while on leave, it will be considered as death due to military service. The High Court gave this decision on the petition of a woman named Suman whose husband was working in the Indian Army.
Her husband died of cerebral hemorrhage caused by high blood pressure during an emergency leave. In December 2022, the Chandigarh bench of the Armed Forces Tribunal, while giving its verdict in favor of Suman, ordered to give her special family pension.
The central government had given this argument
The central government had challenged this order in the High Court and argued that since the soldier was on leave on his own will, his death had no direct connection with service. The division bench of Justice Harsimran Singh Sethi and Justice Vikas Suri completely rejected the arguments of the Central Government.
The court made it clear that legally distinguishing whether the jawan was on active duty or on casual leave is completely irrelevant. The bench said, the most important fact is that the soldier was in service at the time of death. In the eyes of the law, a soldier on leave also remains subject to military discipline and service conditions.
Army job is not like other jobs: High Court
The court said that army jobs are not like normal jobs. Posting in difficult geographical conditions, being away from family and in extremely challenging operational situations cause high blood pressure in soldiers. This stress ultimately causes life-threatening conditions like cerebral hemorrhage.
The court observed that the soldier was completely medically fit when he joined the army. If he suffered from a problem like blood pressure during service, it cannot be separated from his service conditions.
Central government had refused to give pension
The central government's argument was that the soldier did not die during any military operation or duty, hence his widow is not entitled to a special pension. However, the High Court upheld the AFT order, saying that the tribunal's decision was neither contrary to the facts nor against the principles of law.
There is no need for interference in this. The court said that the mental and physical stress faced by a soldier in the service of the country remains with him even during his days on leave.
There are mainly two types of family pension in the Indian Army
Ordinary Family Pension: This pension is given when a soldier dies while in service, but the cause of his death is not directly related to military service (such as common illness or natural death). This usually amounts to about 30% of the soldier's final pay. For this, mere being in service is sufficient, it is not mandatory to die due to service.
Special Family Pension: This is granted when death is due to military service or circumstances aggravated during service. This is much more than an ordinary pension. This is approximately 60% of the final pay of the soldier. It is a great symbol of honor and economic security, as it recognizes that the soldier has lost his life at the altar of service to the country.