📍Chandigarh | 10 Feb, 2026, 12:42 PM
Liberalised Family Pension: Punjab and Haryana High Court have ruled out a decision which can be affected by thousands of soldier families in the coming time. The court has said that if a soldier or officer is positioned in the operational terrain declared by the government and dies during the same time, it will be considered to be the death of the "line of duty" i.e. on duty, whether the death has not occurred while sleeping.
This case is linked to Major Sushil Kumar Saini, Officer of Indian Army. His death took place in a bunker on the India-Pakistan border in May 1991. At that time they were positioned under the "Operation Protector". It was officially declared the operational area by the Government of Elaka. Liberalised Family Pension
Liberalised Family Pension: What happened that night?
May 12, 1991 at Major Saini reported that 25 Bangladeshi citizens are trying to go across the border to Pakistan. He immediately directed his subordinate officer. Action took place, people caught and the situation was handled. After the report, Major Saini went to rest in his bunker.
In the next morning, a soldier found them unconscious. Immediately the Amritsar Military Hospital was taken from the ambulance where doctors declared them dead. The cause of death was described as "Acute Myocardial Infarction". They were already struggling with the problem of high blood pressure and were in constant operational stress. Liberalised Family Pension
Legal Fight Starting With Pension
After death, his wife Anuradha Saini was given general family pension. But they claimed that the death of their husband was caused by operational stress and should be considered "Battle Casualty". If this is considered, the family receives a "Liberalized Family Pension", which exceeds normal pension.
In 2023 the Armed Forces Tribunal Chandigarh decided in favor of Anuradha Saini. The Tribunal said that this death is linked to the military service and has occurred during the operation protector, so much pension should be given.
The Central Government challenged this decision in High Court. The government argued that the death of the officer took place while sleeping, so it could not be considered death during the operational activity. Liberalised Family Pension
What said Hikert?
The Division Bench of Punjab and Haryana High Court dismissed the appeal of the Government on February 10 and clarified that the death of Major Saini in this case cannot be considered different from duty. The court said in his decision that the area where Major Saini was deployed, the government had previously declared the notified operational area. i. He was not a general peace zone, but an Elaka with active military deployment.
The Court also assumed that the Court of Inquiry report clearly mentions that Major Sany’s death was linked to Military Service. Also on the same day there was an intrusive attempt in the terrain, which proves that there was an operational stress situation. Liberalised Family Pension
The court cited the government guidelines issued on 31st January 2001, saying that this case comes under "Category E(1)". This category covers cases where the soldier dies during deployment in a specially declared operation or operational area.
In judgment the court said in a clean words that when a soldier is positioned in such an declared operational area, he is considered at twenty-four hours duty. So his death cannot be separated from duty. Liberalised Family Pension
Why do we decide it?
The court has become clear that the responsibility and risk of soldiers deployed in the operational area is 24 hours. Whether it is on the patrol, in the bunker or resting – it will be considered on duty only. Liberalised Family Pension
