AFT orders Central government to enhance pension for widow of pilot killed in rescue mission 24 years ago

Twenty-four years after Indian Air Force pilot and Squadron Leader, FS Siddiqui was killed during a rescue mission, the Armed Forces Tribunal (AFT) has directed the Union government to grant the Liberalised Family Pension instead of the earlier Special Family Pension to his wife. [Smt Madhulika Siddiqui Versus Union of India and others].Siddiqui was killed when his helicopter crashed in August 1999 while on a mission to rescue some German trekkers stranded in Lahaul-Spiti region of Himachal Pradesh after a cloudburst. His wife, Madhulika Siddiqui was sanctioned Special Family Pension as his death was treated as attributable to military service.However, two years after his death, the Central government in 2001 implemented the recommendations of the 5th Central Pay Commission as per which widows whose husbands had died in such missions were made eligible for Liberalised Family Pension, which is a higher form of pension..The decision was made applicable retrospectively with effect from 1996. However, Siddiqui’s wife was not given the Liberalised Pension in the absence of a “battle casualty” certificate from the Air Force. She was issued the certificate in 2020.However, the certification by the Air Force was rejected by the Joint Controller of Defence Accounts, observing that her case did not fall within the policy for grant of Liberalised Family Pension.The Chandigarh Bench of the AFT comprising Justice Dharam Chand Chaudhary and Lieutenant General (retired) Ranbir Singh said it is settled law that when there is a positive declaration in favour of a claimant, it cannot be overturned by the Accounts Branch.It added that the Accounts Branch is only supposed to calculate the amount of pension and not to sit over the findings of the competent authority..“We are therefore not in agreement with the stand taken by the respondents (Union of India and others) as there is no denial to that part of application’s case in which she has claimed that the points in issue in this application are squarely covered in her favour by the policy dated 31.01.2001,” the AFT held.The Tribunal directed the authorities to grant pension under the Liberalised Family Pension to Siddiqui’s wife with effect from August 5, 1999. It also ordered that the benefits be released to her within a period of three months from the date of receipt of the order copy. The order dated July 28 was made available on Thursday.Madhulika Siddiqui was represented by advocates Navdeep Singh and Akanksha Duvedi.Senior Panel Counsel Satyawan Ahawat represented the Union of India and other respondents.