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Synopsis

The Supreme Court on December 3, 2024, imposed cost of Rs 50,000 upon the Union government for dragging the widow of a soldier, who died in 2013 due to extreme climatic conditions on the line of control in Jammu and Kashmir as part of 'Operation Rakshak', to oppose her claim to the liberalised pension scheme.

A bench of Justices Abhay S Oka and Augustine George Masih dismissed the appeal filed by the Union government against the order of the Armed Forces Tribunal which quashed the decision of February 10, 2016, denying her the liberalised pension scheme.

"In our view, in a case like this, the respondent ought not to have been dragged to this Court, and the decision making authority of the appellants ought to have been sympathetic to the widow of a deceased soldier who died in harness. Therefore, we propose to impose costs quantified as Rs 50,000," the bench said.

In the case, the bench noted there was no dispute that the grant of liberalised pension scheme was governed by the order of January 31, 2001, issued by the Director (Pensions). The said order applies to those who were in service as of January 1, 1996 or joined service thereafter, it pointed out. 

It was the contention of the Union government that the death of the deceased, Naik Inderjeet Singh on January 23, 2013, was attributable to military service and therefore, was classified as a ‘physical casualty’. It submitted that the death was not treated as a ‘battle casualty’ as the deceased died due to cardiopulmonary arrest.

Examining the matter of whether the case would be covered by the category of ‘battle casualty’, the bench noted that initially, the Commanding Officer had categorised the death as a ‘battle casualty’, and later on, it was changed to a ‘physical casualty’.

"Coming to the facts of the case, it is not disputed that on the date of the death, the deceased was posted with his battalion in Jammu and Kashmir as part of 'Operation Rakshak'. He was part of an Area Domination Patrol for domination of the Rangwar gap in the proximity of LC. He was doing duty from 1.00 a.m. to 3.30 a.m," the bench said.

The court further pointed out that the certificate issued by the Commanding Officer recorded that when the deceased became breathless, his condition was such that he needed immediate evacuation. However, immediate evacuation by air could not be done due to bad weather conditions. Ultimately, he was taken on foot, and when the team carried him to Chowkibal's MI room, he was declared dead.

"Thus, the death can be attributed to illness caused by extreme climatic conditions. Hence, as per clause 1 (g) of Appendix ‘A’ of the Army Order 1 of 2003, the case will fall in ‘Battle Casualties’. The reason is that the deceased was operating near LC in extreme climatic conditions. He was part of Operation Rakshak and was on duty near LC. The casualty caused by illness due to climatic conditions is covered by clause 1 (g). In this case, the respondent’s husband was a victim of illness caused by extreme climatic conditions. Therefore, the case of the deceased will fall in the category of ‘Battle Casualties’," the bench held.

The bench also said that Clause (f) of category E is attracted when death arises as a result of war-like situations.

"The definition of death as a result of war-like situations is an inclusive definition, and the case cannot remain confined to subclauses (i) to (iii) of category E (f). In this case, the death has occurred as a result of a war-like situation prevailing near LC. Therefore, we concur with the view taken by the Tribunal that clause (f) of category E was applicable," the court added.

Accordingly, it ordered the Union government to implement the directions issued by the Tribunal within a maximum period of three months.

The Supreme Court also directed the government to pay Rs 50,000 cost to Saroj Devi, late Naik Inderjeet Singh's widow, within two months.

Case Title: Union of India & Ors Vs Saroj Devi