Soldier shot by colleague in military operation entitled to ‘killed in action’ benefits: HC
A soldier deployed in a military operation, who dies after being shot by a fellow soldier cannot be denied the benefits applicable to those “killed in action”, the Punjab and Haryana High Court has ruled while affirming the entitlement of a mother to liberalised family pension under such circumstances.
“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 Bench of Justice Anupinder Singh Grewal and Justice Deepak Manchanda asserted.
Holding that such a death must be treated as a “battle casualty,” the Bench upheld the Armed Forces Tribunal’s order, whereby the Union of India was directed to consider the claim of liberalised family pension of the soldier’s mother.
The Bench added soldier, on duty in ‘Operation Rakshak’ in the Jammu and Kashmir, expired on October 21, 1991, due to firearm injury sustained by him following a gunshot by a fellow soldier.
“This is to be considered as a ‘Battle Casualty’ vide Army Air Defence Records order dated August 27, 1992, as the death has taken place during the said operation and there is no dispute that the soldier-son was indeed deployed in ‘Operation Rakshak’ at the time of his death. 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 Bench asserted.
The court was hearing the petition filed by the Union of India challenging the 2022 order of the Armed Forces Tribunal, which had directed authorities to consider Rukmani Devi’s claim. The court also rejected the Union’s contention that the claim was barred by delay. “We do not find any merit in the contention of counsel that there is delay in filing the original application as pension, which an employee who has served the nation would be entitled to every month, is a continuous cause of action,” the Bench observed.
India