New Delhi: In a landmark decision, the Supreme Court on December 3 imposed a cost of ₹50,000 on the Centre for its lack of compassion in opposing the claim of Saroj Devi, widow of Naik Inderjeet Singh, to the liberalised pension scheme. Naik Inderjeet Singh, a soldier stationed at the Line of Control (LoC) in Jammu and Kashmir, died in 2013 due to extreme climatic conditions while serving as part of Operation Rakshak.
Supreme Court Upholds Tribunal’s Decision
A bench comprising Justices Abhay S. Oka and Augustine George Masih dismissed the Centre’s appeal against the Armed Forces Tribunal’s 2016 ruling, which had quashed the government’s denial of the liberalised pension scheme to the soldier’s widow. The apex court criticized the Centre for its unsympathetic stance, stating, “The respondent ought not to have been dragged to this Court. The decision-making authority should have shown sensitivity towards the widow of a soldier who died in harness.”
The Controversy: Physical vs. Battle Casualty
The core of the dispute revolved around the classification of Naik Singh’s death. Initially categorized as a “battle casualty” by his Commanding Officer, it was later reclassified as a “physical casualty” by the Centre.
The Supreme Court rejected this reclassification, emphasizing that Singh was deployed near the LoC in Jammu and Kashmir under extreme climatic conditions. He was performing patrol duty as part of the Rangwar Gap Area Domination Patrol when he became breathless and required immediate evacuation. Bad weather prevented air evacuation, and despite being carried on foot to the nearest MI room in Chowkibal, he was declared dead.
‘Battle Casualty’ Status Restored
The court examined Army Order 1 of 2003, specifically clause 1(g) of Appendix ‘A’, which covers casualties caused by illness resulting from extreme climatic conditions in operational areas. The bench held that Naik Singh’s death met these criteria:
- He was deployed near the LoC.
- His illness was directly linked to harsh climatic conditions.
- He was part of Operation Rakshak, a critical military operation near the LoC.
The court further noted that under Category E (f) of the Army Order, deaths arising from “war-like situations” are broadly defined and not limited to specific subclauses. The prevailing conditions near the LoC qualified as such a scenario.
A Stinging Rebuke to the Centre
The court expressed disappointment at the Centre’s approach, stating that challenging such cases disregards the sacrifices made by soldiers and their families. “Thousands of people make claims, but not all warrant such resistance. A widow of a deceased soldier deserves dignity and support, not litigation,” the bench remarked.
Orders Issued
The Supreme Court directed the Centre to:
- Implement the Armed Forces Tribunal’s decision within three months.
- Pay ₹50,000 as costs to Saroj Devi within two months.
A Call for Compassion
This judgment is a reminder of the need for sensitivity in addressing the grievances of families of deceased soldiers. It also reaffirms the judiciary’s commitment to upholding justice for the armed forces’ personnel and their families, especially in cases involving their ultimate sacrifices.
Saroj Devi’s battle for justice ends with the court acknowledging her rightful claim, a symbolic victory for the countless families of soldiers who endure hardships in the line of duty.
