Soldier’s Death During Casual Leave Attributable to Service: Punjab & Haryana High Court

In a significant judgment, the Punjab and Haryana High Court has ruled that the death of a soldier due to high fever while on casual leave is attributable to military service. The court held that casual leave is to be treated as duty period for all intents and purposes, making the death during such time connected with service.

Background of the Case

The case arose from a writ petition filed by the Union of India, challenging the order of the Armed Forces Tribunal (AFT).
The AFT had granted special family pension to the widow of a soldier who passed away due to high fever during his sanctioned casual leave.
The soldier had been sanctioned leave from June 13, 2002, to July 2, 2002, but developed high fever during this period and was later admitted to hospital where he died.

Court’s Observations

Casual Leave = Duty Period
- Referring to the Disability Pension in Defence Service Rules, the Bench of Justice Harsimran Singh Sethi and Justice Vikas Suri clarified that casual leave is treated as duty period.
- Therefore, any death during such leave is attributable to military service.
Service Connection Maintained
- The court stated: “Once the soldier is to be treated as on duty during the period of casual leave, his death due to fever has to be attributed to military service, keeping in view the exigencies of service.”
- This is not a case of negligence by the soldier; hence, the causal link with service stands.
Supreme Court Principle Referred
- The Bench relied on earlier Supreme Court rulings that whether an officer is on leave or duty, the facts must be analyzed to determine if death or disability is attributable to service.

Tribunal’s Findings and Court’s Stand

The AFT had already found the widow entitled to special family pension by treating the soldier’s death as service-related.
The High Court upheld this reasoning, noting no infirmity in the Tribunal’s order.
The court emphasized that the benefit of pension must go to the widow as her husband was deemed on duty at the time of death.

Outcome of the Case

The Union of India’s writ petition was dismissed.
The widow was confirmed as eligible for special family pension, reinforcing the principle that: Casual leave is to be treated as duty, and any death during this period is attributable to military service.

Significance of the Judgment

For Armed Forces Personnel: It reaffirms that soldiers remain on duty even during casual leave, ensuring their families’ rights are protected.
For Families: Widows and dependents can claim pensionary benefits if death occurs during casual leave.
For Service Law: It strengthens the principle that the welfare of soldiers and their families must be given priority in interpreting service rules.

✅ Conclusion
The Punjab and Haryana High Court’s ruling is a landmark reaffirmation of service-connected benefits for soldiers. By holding that a soldier on casual leave is still considered “on duty,” the court safeguarded the rights of the widow, ensuring that the sacrifice of soldiers is duly recognized—even beyond active battlefield duties.