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Supreme Court of India 2019-09-23 partly_allowed

Radhika Devi vs Union of India & Others

Bench: 2 — L. Nageswara Rao

In Brief

Naib Subedar Umed Singh, posted at the International Border during Operation Parakram, died of cardiac failure in 2002. His widow sought Liberalised Family Pension and Rs. 7.5 lakhs ex-gratia compensation. The Supreme Court held that Liberalised Family Pension applies only to deaths occurring in action (enemy combat), not natural deaths during service in an operation. The widow was entitled to Special Family Pension and Rs. 5 lakhs ex-gratia compensation under general service death provisions, but not the higher ex-gratia amount, which requires death from hostile action. The High Court's order was partly upheld and partly set aside accordingly.

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Armed Forces Law Family Pension Ex-gratia Compensation Administrative Law

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