CHANDIGARH: The Punjab and Haryana High Court has said a soldier deployed in a military operation being shot at by a fellow soldier cannot be denied benefits applicable to the ones killed in action.
Petitioners Union of India and others challenged the February 22, 2022 order of the Armed Forces Tribunal (AFT) directing to consider the claim of liberalised family pension of respondent Rukmani Devi.
Devi's son, who was an Indian Army personnel and on duty in Operation Rakshak in Jammu and Kashmir, died on October 21, 1991 due to a gunshot fired by a fellow soldier.
A division bench comprising Justices Anupinder Singh Grewal and Deepak Manchanda on July 16 dismissed the Centre's plea to deny pension to Devi on several grounds, including the delay in filing the claim.
"It is manifest that a soldier deployed in a military operation, being shot by a fellow soldier, cannot be in any manner, denied the benefits, which would be applicable to those soldiers who are killed in action," the court held.
The court did not find any merit in the contention that there was delay in filing the application, as pension, which an employee who served the nation would be entitled to every month, was found to be a continuous cause of action.
The AFT directed the defence ministry to consider the claim for liberalised family pension by Devi.
The liberalised family pension offers higher benefits than the ordinary family pension.
The petitioners' counsel submitted that the tribunal erred in relying upon a verdict it passed in another case decided on September 4, 2017, though Devi's case was different.
It was contended that the family pension in that case was allowed on the fact that the woman's husband having participated in Operation Parakram died in the line of duty.
It was further contended that Devi's son died on October 21, 1991 and had not participated in Operation Parakram.
It was also submitted there was an inordinate delay of over 25 years in filing of the claim in 2018 as Devi's son died in 1991.
The bench, however, held, "This is to be considered as a 'Battle Casualty' vide Army Air Defence Records Part-II order No. 01/BC/05/002 dated 27.08. 1992, as the death has taken place during the said operation and there is no dispute that the son of the respondent (Rukmani Devi) was indeed deployed in 'Operation Rakshak' at the time of his death (sic)."
The verdict continued, "The instructions issued by the Government of India, Ministry of Defence in the month of January, 2001 are applicable to all the Armed Forces Personnel, who are deployed in the military operations across India."
The instructions, the court said, provide all disabilities, injuries, accidents and deaths occurring during operations which are notified by the government, fall under category "E" of Para 4.1 of the said instructions.