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Supreme Court of India 2019-09-23 dismissed

KANCHAN DUA vs UNION OF INDIA

Bench: 2 — L. Nageswara Rao, Hemant Gupta

In Brief

Kanchan Dua's husband, an Army Colonel, died of sudden cardiac failure while posted in Operation Rakshak, a notified operational area in Jammu and Kashmir. The widow sought Liberalised Family Pension (awarded to families of service members killed in action), but received only ordinary and then special family pension. The Supreme Court held that although Operation Rakshak was a notified operation, Liberalised Family Pension applies only to deaths caused by enemy action or injuries in live combat, not to deaths from natural causes like cardiac failure, even if occurring during service in operational areas. The appeals were dismissed.

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Armed Forces Law Pension and Service Benefits Military Service Constitutional Law Administrative Law

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