Armed Forces Tribunal Recognizes Rescue Act as Military Duty, Grants Special Pension to Officer's Widow
In a landmark judgment that broadens the definition of military service, the Armed Forces Tribunal (AFT) in Chandigarh has granted special family pension to the widow of a Wing Commander who tragically lost his life while rescuing children from drowning during a family picnic nearly five years ago. The tribunal emphatically stated that military duty extends beyond office hours and specific locations, with acts of bravery being integrally connected with service obligations and public duty.
Tribunal's Groundbreaking Observation on Military Service
The AFT-Chandigarh division bench, comprising Justice Umesh Chandra Sharma as judicial member and Air Marshal Manavendra Singh as administrative member, delivered this significant verdict while allowing the petition filed by Anuradha Bhattacharya, wife of the late Wing Commander Durlabh Bhattacharya. The tribunal firmly held that the Indian Air Force officer's heroic act of rescuing civilians was completely aligned with the ethos, discipline and obligations of military service, even though he was not formally on duty at that moment.
Tragic Incident at Emerald Lake
Wing Commander Durlabh Bhattacharya met his untimely demise on February 7, 2021, when he courageously jumped into Emerald Lake located in the Nilgiris district of Tamil Nadu to save drowning children during a family outing. Displaying extraordinary bravery, he successfully rescued one child but tragically drowned while searching for his own daughter, who also perished in the incident. A subsequent police investigation confirmed the incident as an accidental drowning that occurred during the rescue attempt.
Initial Denial and Legal Challenge
In September 2023, Air Force authorities denied the special family pension—which provides higher benefits than ordinary family pension—to the grieving widow. This decision was based on a Court of Inquiry finding that the officer's death was not attributable to military service since he was not performing official duties at the time of the incident. Anuradha Bhattacharya challenged this denial before the AFT, arguing that her husband's ultimate sacrifice reflected the very spirit of duty and selflessness inherent in military service.
IAF's Position and Tribunal's Rejection
Contesting the widow's plea, Indian Air Force authorities maintained that existing provisions did not entitle the wife to special family pension for accidental drowning incidents. The tribunal, however, categorically set aside this finding, observing that military service cannot be viewed through the narrow lens of fixed duty hours or locations. The bench noted that saving human life is an act inherent to service discipline and ethos, adding that acts of bravery and rescue undertaken due to military training and values are fundamentally connected to service obligations.
Historic Verdict and Implementation
In its order released on Thursday, the tribunal directed the authorities to grant special family pension to Anuradha Bhattacharya along with all consequential benefits, to be processed within three months. This judgment establishes an important precedent regarding how military service is interpreted, recognizing that the values instilled in armed forces personnel extend to their actions even during personal time, particularly when those actions involve saving lives and demonstrating extraordinary courage.
