The Punjab and Haryana High Court has upheld the grant of special family pension to the widow of an Army personnel who died of cardiac arrest while on casual leave, holding that being on leave did not by itself break the connection with military service.
A Division Bench of Justice Harsimran Singh Sethi and Justice Amarinder Singh Grewal dismissed the Union of India’s challenge against an order of the Armed Forces Tribunal, Chandigarh.
Background Of The Case
The deceased soldier died of cardiac arrest on January 17, 2017, while he was availing casual leave from January 16 to January 30, 2017. The Union government argued that since he was not on active duty when he died, his death could not be treated as attributable to military service.
The government also relied on the assessment that the death was not attributable to military service and challenged the Tribunal’s decision granting his widow special family pension from January 18, 2017.
Court’s Observation
The High Court examined two questions: whether the soldier’s death could be connected with military service and whether such a connection could continue when the death occurred during casual leave.
On the first issue, the Bench noted that the soldier died from cardiac arrest and referred to the Pension Regulation and Entitlement Rules for Casualty Pensionary Awards, 1982. The judgment records that stress and strain arising from military service can contribute to conditions such as high blood pressure and cardiac arrest.
The Court observed that the soldier had been fit when he joined military service. It therefore accepted the Tribunal’s reasoning that the death could be treated as attributable to military service.
On the question of casual leave, the Bench made it clear that the crucial consideration was whether the soldier remained in service when the death occurred, rather than whether he was physically performing active duty.
“The only aspect is to be seen that whether he was still in service at that time or not?” the Court observed.
The Court further noted that under the applicable service rules, personnel on casual leave are treated as being on duty. It also relied on the Full Bench ruling in Union of India through Secretary v. Khushbash Singh, which recognised that Army personnel on casual or annual leave are generally considered to be on duty, subject to the applicable rules.
Decision
The High Court held that the Tribunal’s grant of special family pension to the widow could not be described as contrary to the facts or settled legal principles.
Accordingly, the Division Bench dismissed the Union of India’s writ petition and upheld the benefit of special family pension granted to the widow.
Case Details:
Case Title: Union of India and others v. Smt. Shakuntla Devi and another
Case Number: CWP No. 23181 of 2026 (O&M)
Judge: Justice Harsimran Singh Sethi and Justice Amarinder Singh Grewal
Decision Date: July 28, 2026
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