In a significant ruling, the Punjab and Haryana High Court has held that the family of an Army officer who died in his sleep while deployed on the international border is entitled to liberalised family pension — the highest category of pensionary benefits granted to soldiers who die in the line of duty.
A division bench of Justices Harsimran Singh Sethi and Vikas Suri upheld a 2023 order of the Chandigarh Armed Forces Tribunal (AFT), which had enhanced pension benefits for Anuradha Saini, widow of Major Sushil Kumar Saini.
The Centre had challenged the AFT’s decision, arguing that since the officer died in his bunker while asleep, his death could not be classified as one occurring during an operational duty. The government claimed the case qualified only for special family pension, not the more generous liberalised category. The High Court rejected this argument.
The bench noted that Major Saini was deployed along the India–Pakistan border in an area officially notified under Operation Rakshak. Citing the findings of a Court of Inquiry, the judges said the officer’s death was “attributable to military service” and occurred while he was carrying out his duties in an operational zone.
The court also took note of circumstances highlighted by his wife: on the same night as his death, there was an infiltration attempt involving 25 individuals. Records show that Major Saini, already suffering from hypertension, suffered a fatal heart attack under operational stress.
Under government guidelines dated January 31, 2001, deaths occurring in specially notified operations fall under Category E(1) — making the family eligible for Liberalised Family Pension. The court concluded that Anuradha Saini fully qualifies for this benefit.
On May 12, 1991, Major Saini received intelligence that 25 Bangladeshis were preparing to cross over to Pakistan. He immediately coordinated with Subedar V.V.K. Rao, who later visited Saini’s bunker to brief him.
The next morning around 7 am, assistant gunner George Mathew found the officer lying unconscious and raised an alarm. He was rushed to the Amritsar Military Hospital, where doctors declared him dead.
With the High Court’s decision, the long-standing dispute has been settled in favour of the officer’s family, reaffirming that death in a notified operational area — even during sleep — can qualify as a death in the line of duty.
