Union Of India And Others v. Anil Kumar And Another

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH CWP No.19222 of 2025 Date of Decision: 14.07.2025 Union of India and others .....Petitioners.

Versus

Anil Kumar and another .....Respondents.

CORAM:

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA ***** Present:- Mr. Narender Kumar Vashist, Advocate for the petitioners.

SANJEEV PRAKASH SHARMA, J.(Oral) 1.

The challenge is to the order passed by the learned Armed Forces Tribunal, Chandigarh dated 16.08.2023, whereby the OA filed by respondent No.1 was allowed and the petitioners were directed to grant the Liberalized Family Pension in favour of the widow of deceased Naib Subedar Ram Phal w.e.f. 20.10.2006 till the date of her death i.e. 12.09.2011 and thereafter, to respondent No.1 Anil Kumar, who is son of the deceased personnel, w.e.f. 13.09.2011 to 28.04.2017. 2.

The issue raised in the present petition is no more res-integra as in the recent judgment dated 01.07.2025 passed in CWP No.16736 of 2025 titled as "Union of India and others Vs. Ex. Sep. B Rama Krishna YAG DUTT 2025.07.15 11:48 I attest to the accuracy and authenticity of this order/judgment

CWP No.19222 of 2025 -2and another", we have held as under:- "4. In the circumstances, we are of the firm view that once a working party is detailed for collection of kerosene oil and they proceed on a Government vehicle it would be a part of the 'Operation Rakshak' and it cannot be said that the work of collecting kerosene oil which is of course given for the purpose of 'Operation Rakshak' which is a sort of exercise, has to be treated as a part and parcel of the said exercise. Any injury caused to any person which is of nature of causing permanent disability or death, would invite War Injury Pension or War Death Pension as the case may be."

3.

Accordingly, the impugned order passed by the AFT does not warrant any interference as the father of respondent No.1 had participated in the "Operation Rakshak". The present writ petition is, accordingly, dismissed.

(SANJEEV PRAKASH SHARMA) JUDGE (MEENAKSHI I. MEHTA) July 14, 2025 JUDGE Yag Dutt Whether speaking/reasoned: Yes/No Whether Reportable:

Yes/No YAG DUTT 2025.07.15 11:48 I attest to the accuracy and authenticity of this order/judgment