Facts of the Case
The respondent, Saroj Devi, is the widow of Naik Inderjeet Singh, who served in the Indian Army and passed away on 23rd January 2013 during duty near the Line of Control (LoC) under extreme climatic conditions. The deceased was part of an Area Domination Patrol for Operation Rakshak. He suffered cardiopulmonary arrest attributed to these conditions and was initially classified as a “battle casualty,” later changed to “physical casualty.” The respondent was granted a special family pension but denied a Liberalised Family Pension (LFP). She approached the Armed Forces Tribunal, which granted her LFP. The appellants, Union of India and others, challenged this decision before the Supreme Court.
Contentions of the Appellant
The appellants argued that LFP is governed by the Ministry of Defence order dated 31st January 2001, applicable under specific circumstances categorized as D and E. They contended that the deceased’s death due to cardiopulmonary arrest was classified as a physical casualty, not a battle casualty, and hence did not qualify under category E for LFP. They relied on precedents from Kanchan Dua v. Union of India and Radhika Devi v. Union of India to support their arguments.
Contentions of the Respondent
The respondent asserted that her husband’s death was attributable to military service and extreme climatic conditions during a critical operation near the LoC. She argued that his death qualified as a battle casualty under the relevant Army Order and fell within category E of the LFP provisions. She also relied on the initial classification of her husband’s death as a battle casualty by the Commanding Officer.
Issues in the Judgment
- Whether the deceased’s death falls under the definition of “battle casualty” as per Army Order 1 of 2003.
- Whether the circumstances of the deceased’s death qualify under category E (f) of the order dated 31st January 2001.
- Whether the Tribunal’s decision to grant LFP was justified.
Observations/Findings by the Supreme Court
The Court noted the following:
- The deceased was operating under extreme climatic conditions near the LoC during Operation Rakshak.
- His death was attributable to illness caused by these conditions, qualifying as a battle casualty under clause 1(g) of Appendix A of Army Order 1 of 2003.
- Category E (f) includes war-like situations near the LoC, applicable to the circumstances of the deceased’s death.
- The Tribunal’s decision was correct, and the cases cited by the appellants were distinguishable on facts.
Principle of the Case
Death caused by extreme climatic conditions during military operations near the LoC, attributable to the service, qualifies as a battle casualty under clause 1(g) of Appendix A of Army Order 1 of 2003 and category E (f) of the Ministry of Defence’s order dated 31st January 2001.
Final Order
The Supreme Court dismissed the appeal, upheld the Tribunal’s decision to grant LFP to the respondent, and imposed costs of ₹50,000 on the appellants for dragging the widow to court unnecessarily. The directives were ordered to be implemented within three months.
Impact on Public Law and Order
This judgment reinforces the obligation of the armed forces and the government to recognize the sacrifices of soldiers serving under extreme conditions. It ensures fairness and sympathy towards their dependents, promoting trust and morale within the armed forces. This precedent also discourages unnecessary litigation against bereaved families, enhancing public perception of justice and governance.
Case Citation
Supreme Court of India, Union of India & Ors. v. Saroj Devi, Civil Appeal No. 13730 of 2024 (Arising out of Diary No. 20250 of 2021), Judgment dated 3rd December 2024.
