The Punjab and Haryana High Court recently held that a soldier who is killed by a fellow soldier during a military operation is entitled to the same benefits as those granted to soldiers killed in action [Union of India v. Rukmani Devi]..While rejecting the Central government’s objection to the 25-year delay in filing the pension claim, a Bench of Justices Anupinder Singh Grewal and Deepak Manchanda held,"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 was hearing a case where an Indian Army personnel died due to a firearm injury during Operation Rakshak in 1991, qualifying him as a ‘Battle Casualty’ as per Army records.The Central government had challenged the Armed Forces Tribunal’s order dated February 22, 2022, which directed them to consider the soldier's mother's claim for a liberalised family pension..The Court, however, concluded that the Tribunal rightly applied the 2001 Ministry of Defence guidelines, which recognise such deaths under operational duty as eligible for pension benefits. Finding no illegality with the AFT order, the Court dismissed the plea.Advocate Dharam Chand Mittal appeared for the Central government..[Read Order]
