Chandigarh: Armed Forces Tribunal (AFT) has granted special family pension to the widow of a Wing Commander who died while saving children from drowning in Emerald Lake, Tamil Nadu, during a family picnic nearly five years ago.Military duty is not confined to office hours or specific locations, and the rescue act is “integrally connected with service obligations and public duty,” observed the AFT-Chandigarh division bench of Justice Umesh Chandra Sharma, judicial member, and Air Marshal Manavendra Singh, administrative member, while allowing the petition of Anuradha Bhattacharya, wife of late Wing Commander Durlabh Bhattacharya.The tribunal was of the view that the IAF officer’s act of rescuing civilians was in keeping with the ethos, discipline and obligations of military service, even though he was not performing a formal duty assignment at the time.Wing Commander Bhattacharya died on Feb 7, 2021, after jumping into Emerald Lake in Nilgiris district of Tamil Nadu to save drowning children. He managed to rescue one child, but drowned while searching for his own daughter, who too died. A police investigation later ruled it an accidental drowning during a rescue attempt.In Sept 2023, the Air Force authorities denied special family pension (which is higher than ordinary family pension) to the widow, relying on a Court of Inquiry that held that the death was “not attributable to military service” as the officer was not on official duty.Anuradha Bhattacharya challenged it in AFT, reasoning that her husband had died in an act that reflects the spirit of duty and sacrifice inherent in military service. Contesting her plea, the IAF authorities argued that there was no provision under which accidental drowning entitles the wife to special family pension.Setting aside that finding, the tribunal observed that military service cannot be viewed through the narrow lens of fixed duty hours or locations. “Saving human life is an act inherent to service discipline and ethos,” the bench noted, adding that acts of bravery and rescue undertaken due to military training and values are integrally connected to service obligations.In its order released on Thursday, the tribunal directed the authorities to grant special family pension to Anuradha Bhattacharya along with all consequential benefits within three months.
