Apex Court says extraordinary pension benefits should have been extended from the date of his death, stressing that bereaved families should not have to approach courts for rightful dues

The Supreme Court has directed the Union Government to pay an additional compensation of Rs 10 lakh to the widow of a General Reserve Engineering Force (GREF) personnel who was posthumously awarded the Shaurya Chakra for sacrificing his life while saving fellow workers during the construction of a strategically important road along the India-China border 26 years ago. 

Upholding an earlier order of the Punjab and Haryana High Court regarding her entitlement to extraordinary family pension following her husband’s death, the Bench comprising Justice KV Viswanathan and Justice Arun Palli ruled that the arrears of benefits should not be restricted to three years preceding the filing of the petition, as is the general rule. Instead, exercising its powers under Article 142 of the Constitution, the  court directed that the benefit be applicable from the date of death of the GREF worker, Mohan Singh.

The court noted that Mohan Singh was posted as In-charge Works for formation cutting of the Hayliang-Metangliang-Chaglohagom road in Arunachal Pradesh. The 57-km road was considered strategically important for the efficient management of the Sino-Indian border.

On July 10, 2000, he was supervising dozer operations at a location with a treacherous and rocky mass when a large boulder from the hilltop began rolling down with huge debris towards a dozer and compressor.

Singh immediately spotted the boulder, raised an alarm and instructed the dozer and compressor operators to move to a safer location.

He then helped move the compressor and dozer equipment away from the site to prevent damage and, more importantly, save the lives of workers operating the equipment. While doing so, he was unable to get out of the path of the boulder and was swept away by the impact, falling 70 metres into the valley.

In recognition of his extraordinary bravery, Singh was posthumously conferred the Shaurya Chakra in October 2001. 

His widow’s claim for extraordinary family pension was initially rejected and she was paid ordinary family pension. In December 2005, she sought special family pension under the Central Civil Services (Extraordinary Pension) Rules, but her claim was rejected on the ground that she had already received Rs 1,84,170 under the Workmen’s Compensation Act and was therefore not entitled to the liberalised pensionary benefits.

She subsequently approached the Punjab and Haryana High Court, which granted her extraordinary pension but directed her to return the compensation amount with six per cent interest. A Division Bench of the High Court later upheld the Single Bench’s orders but restricted the arrears of pension to three years preceding the filing of the writ petition.

The High Court had held that GREF personnel performing duties of strategic and national importance in active border areas are to be treated as members of the “Armed Forces of the Union” and not as ordinary workmen for the purpose of pensionary benefits. The government challenged the High Court orders before the Supreme Court. 

Gurpreet Singh, senior advocate representing the widow, submitted before the Apex Court that she had already returned the workmen’s compensation of Rs 1,84,170. Attorney General R Venkataramani said that, pursuant to the High Court’s directions, Rs 14,28,200 had been released to the widow. He further submitted that the pension had been processed in accordance with the High Court judgment and arrears of extraordinary pension amounting to Rs 4,12,064 had also been released.

The Apex Court ruled that, keeping in view the payments already made to the widow, the amount refunded by her and the applicable rates of interest, a consolidated amount of Rs 10 lakh for the period from July 2000 to July 2015 — from Singh’s death until the pension was granted — would serve the ends of justice.

In its August 5 order, the court observed that the  government should have categorised Singh under the correct Category-C of the pension rules and extended the benefit soon after his “unforgotten demise”.

“These are not matters where the family or the widow should be expected to go to  Court to obtain relief. The fact that they could go only after a long period of time should in any event not come in the way of rendering justice to them,” the Bench remarked.