Court Recognizes GREF Members as Part of Armed Forces, Grants Pension from Date of Petition Filing
In a significant decision, the Punjab and Haryana High Court has ruled in favor of Smt. Kuldeep Kaur, the widow of a General Reserve Engineering Force (GREF) member, granting her an extraordinary pension under the Central Civil Services (Extraordinary Pension) Rules, 1939. The court upheld that members of GREF, involved in critical operations on the borders, are considered part of the Armed Forces of the Union and not regular workmen under the Workmen's Compensation Act, 1923.
The judgment was delivered by a division bench comprising Justices Ashwani Kumar Mishra and Rohit Kapoor, who dealt with cross appeals concerning the entitlement to extraordinary family pension. The court clarified that GREF members, due to the operational roles they play, especially in hostile environments like the Indo-China border, are integral to the Armed Forces and, as such, their service conditions are distinct from civilian construction agencies.
Smt. Kuldeep Kaur's husband, Mohan Singh, lost his life while performing his duties in Arunachal Pradesh in 2000. Recognizing his supreme sacrifice, he was posthumously awarded the Shaurya Chakra. Despite this, Kaur was initially granted only an ordinary family pension. The High Court, while recognizing the unique nature of GREF's role, ruled that Kaur is entitled to an extraordinary pension from the date of filing her writ petition.
The court's decision also mandated that Kaur return the compensation received under the Workmen's Compensation Act, 1923, with interest, as she was found eligible for benefits under the extraordinary pension scheme. The bench emphasized the continuing nature of pension grievances and decided to restrict the arrears to three years preceding the filing of the writ petition, in line with the Supreme Court's precedent in Union of India v. Tarsem Singh.
The ruling underscores the exceptional role of GREF in national defense and aligns with the constitutional mandate recognizing their service as part of the Armed Forces, thereby extending them benefits similar to military personnel in cases of death or disability incurred during service.
Bottom Line:
Members of GREF (General Reserve Engineering Force) are considered an integral part of the Armed Forces under Article 33 of the Constitution of India, and their activities, especially in operational roles at borders, are not equivalent to those of regular workmen under the Workmen's Compensation Act, 1923.
Statutory provision(s): Workmen's Compensation Act, 1923; Central Civil Services (Extraordinary Pension) Rules, 1939; Army Act, 1950; Central Civil Services (Pension) Rules, 1972; Article 33 of the Constitution of India.
Smt. Kuldeep Kaur v. Union of India, (Punjab And Haryana)(DB) : Law Finder Doc id # 2846024
