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Supreme Court of India 2019-09-23 dismissed

Kanchan Dua vs Union of India & Anr

Bench: 2 — L. Nageswara Rao

In Brief

A widow challenged the denial of Liberalised Family Pension (enhanced military pension) following her husband's death from sudden cardiac failure while posted as an officer in an operational area (Operation Rakshak) in Kashmir in 1992. Although the High Court ordered alteration of his service record to reflect service in the operation, the Supreme Court held that Liberalised Family Pension applies only to deaths from combat action or operational injuries, not from natural medical causes. Being on active service in a notified operational area does not automatically qualify for enhanced pension if death results from illness unrelated to operations. The appeal was dismissed as the widow remained entitled only to ordinary and special family pension."

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Armed Forces Pension and Gratuity Military Law Administrative Law Constitutional Law Statutory Interpretation

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