Soldier killed in ‘friendly fire' during op can't be denied benefits: HC
The order was passed by a division bench of justice Anupinder Singh Grewal and justice Deepak Manchanda, while hearing a petition filed by the central government against February 22, 2022, order of the Armed Forces Tribunal (AFT), Chandigarh, directing to consider the claim of liberalised family pension to one Rukmani Devi, mother of the deceased soldier.
Devi's son, who was on duty in Operation Rakshak in Jammu and Kashmir, died on October 21, 1991, due to a gunshot fired by a fellow soldier.
'...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 said.
The court did not find any merit in the contention that there was a 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 had directed the defence ministry to consider the claim for a liberalised family pension to Devi. The liberalised family pension offers higher benefits than the ordinary family pension.
The government counsel had argued 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 there was an inordinate delay of over 25 years in the filing of the claim in 2018, as Devi's son died in 1991.
The court, however, held, 'This is to be considered as a 'Battle Casualty' …as the death has taken place during the said operation and there is no dispute that the son of the respondent was indeed deployed in 'Operation Rakshak' at the time of his death….' the court said.
It observed that the instructions issued by the ministry of defence in January 2001— pensionary benefits on death/disability in attributable/ aggravated cases, are applicable to all the armed forces personnel, who are deployed in the military operations across India, and the case of the petitioner's family was covered under it.
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