In a landmark decision, the Punjab and Haryana High Court affirmed the indefeasible rights of a widow whose husband laid down his life in the 1965 India-Pakistan war, granting her the full benefits of an enhanced pension under the Liberalized Family Pension scheme.
Anguri Devi, the widow of a valiant Indian Army soldier who fell while defending a forward location during the war, had contested a ruling by the Armed Forces Tribunal (AFT). The AFT had granted her arrears of enhanced pension but limited the period to three years before her application date in 2017, citing an extensive delay of over five decades since the introduction of the scheme in 2001.
The High Court bench, comprising Justices Sureshwar Thakur and Sudeepti Sharma, overturned this restriction, stating unequivocally that the Liberalized Family Pension policy creates a recurring and continuous right for the widows of deceased soldiers. This right, they held, is not extinguished by delays in filing claims.
The court emphasized the enduring nature of such policies, observing that the widow’s entitlement could not be invalidated by the passage of time. “A delay in making a claim does not nullify the continuous and recurring cause of action conferred under the policy,” the judgment declared.
Devi’s fight for justice began after her husband’s sacrifice earned her a Special Family Pension in 1965. In 2001, the government introduced the Liberalized Family Pension, extending enhanced death benefits to families of soldiers martyred in operational circumstances. However, Devi’s claim for these benefits was hindered by bureaucratic limitations imposed by the AFT.
By affirming her right to the full pension benefits retroactively from the policy’s inception, the High Court has set a precedent underscoring the dignity and recognition owed to families of those who sacrifice for the nation.
This ruling not only corrects an oversight but also reinforces the principle that the sacrifices of soldiers and their families deserve unwavering and timeless support.
