Court affirms that death during casual leave is attributable to military service, grants pension to widow citing stress-induced cerebral haemorrhage.
In a landmark decision, the Punjab and Haryana High Court has upheld the grant of a special family pension to Smt. Suman, the widow of an army personnel who died due to cerebral haemorrhage while on casual leave. The Division Bench, comprising Justices Harsimran Singh Sethi and Vikas Suri, dismissed the petition filed by the Union of India challenging the Armed Forces Tribunal's order, which had previously ruled in favor of the widow.
The court examined two critical issues in its judgment dated December 24, 2025. Firstly, it considered whether the death of the army personnel, attributed to cerebral haemorrhage, was connected to his military service. The court noted that the stress and strain experienced during military service could lead to high blood pressure, a root cause of cerebral haemorrhage. Consequently, the court held that the death was attributable to military service, especially since the deceased was fit upon joining the military.
Secondly, the court addressed whether the death during casual leave could still be considered as occurring while on duty. The court highlighted that, according to service rules, personnel on casual leave are deemed to be on duty. Therefore, the argument that the death was not attributable to military service due to the officer being on casual leave was rejected.
The court's decision is based on the "Entitlement Rules for Casualty Pensionary Awards, 1982," which classify stress and strain during service as causes of cerebral haemorrhage. The ruling reinforces the principle that military personnel remain on duty during casual leave, thus safeguarding their entitlement to benefits like special family pensions.
This decision is pivotal in recognizing the sacrifices and challenges faced by military personnel and their families, ensuring that they receive the benefits they are entitled to, even under circumstances like being on casual leave.
Bottom Line:
Armed Forces Tribunal - Special family pension - Death of army personnel due to cerebral haemorrhage during casual leave - Held, stress and strain caused during military service is considered as cause of cerebral haemorrhage, and personnel on casual leave is deemed to be on duty as per rules governing service. Therefore, death attributable to military service, and widow entitled to special family pension.
Statutory provision(s): Entitlement Rules for Casualty Pensionary Awards, 1982
