Battle casualty benefits apply even if death caused by fellow soldier: HC
Rejecting a central govt plea that sought to deny pension due to a delay in filing the claim, the court held that pension is a continuing cause of action and such entitlements cannot be time-barred, especially when the pension is meant for a family member of a soldier who died in the line of duty.
A division bench comprising Justice Anupinder Singh Grewal and Justice Deepak Manchanda dismissed a petition by the ministry of defence (MoD), which had challenged a Feb 22, 2022, order from the Armed Forces Tribunal (AFT), Chandigarh.
The AFT had directed the MoD to consider the claim for liberalised family pension by Rukmani Devi, mother of the deceased soldier. The liberalised family pension offers higher benefits than the ordinary family pension.
The MoD had argued that Rukmani Devi's son died on Oct 21, 1991, leading to an inordinate delay of more than 25 years in filing the application with the AFT in 2018. They further contended that her son did not participate in Operation Parakram.
However, after reviewing the case, the bench led by Justice Grewal noted that Rukmani Devi's son was an Indian Army personnel on duty in Operation Rakshak in Jammu and Kashmir when he died on Oct 21, 1991, from a firearm injury caused by a fellow soldier's gunshot.
In its detailed July 16 order, the high court said, "This is to be considered as a 'Battle Casualty' vide Army Air Defence Records Part-II order No.01/BC/05/002 dated August 27, 1992, as the death took 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."
The court highlighted that instructions issued by the Centre, ministry of defence in Jan 2001, apply to all armed forces personnel deployed in military operations across India. These instructions specify that "all disabilities, injuries, accidents, and deaths occurring during operations which are notified by the govt, fall under category 'E' of Para 4.1 of the said instructions."
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