Taking up her plea, Chandigarh bench of the AFT comprising Justice Mohammad Tahir and Lt Gen Sanjiv Chachra has issued notice to the ministry of defence (MoD) seeking reply on the issue. In her plea, Sukhwinder Kaur of Patiala has submitted that her husband Naib Subedar Kulwant Singh was killed in 2007 in a massive explosion in an ammunition depot located in counter insurgency area in the Kashmir valley under Operation Rakshak. Kulwant lost his life while saving the lives of several of his colleagues and his body was also not recovered. He was posthumously decorated with Shaurya Chakra by the President of India for displaying conspicuous bravery and was declared a battle casualty.
According to the petitioner, when she had sent her papers to the PCDA office in Allahabad, the accounts officer refused to release the applicable "liberalized family pension" to her despite orders of the competent authority. Repeated requests by the Army also did not elicit any positive action and the case was rejected on the pretext that the soldier had not died in a "terrorist action" though as per rules all deaths in notified operational areas were eligible for liberalized benefits.
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