Soldiers Killed in Friendly Fire During Operations Entitled to Same Pension Benefits as Battle Casualties: Punjab & Haryana High Court

The Punjab and Haryana High Court, in a landmark ruling in Union of India v. Rukmani Devi, reaffirmed the principle that substance must prevail over form when it comes to the grant of service-related benefits to military personnel. The Court held that a soldier killed by a fellow soldier during a military operation is entitled to the same benefits as one killed in action.

Rejecting the Union Government’s objection regarding a 25-year delay in filing the pension claim, the Division Bench comprising Justices Anupinder Singh Grewal and Deepak Manchanda emphasized that:

“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 Punjab and Haryana High Court was hearing a case involving the death of an Indian Army personnel who sustained a fatal firearm injury during Operation Rakshak in 1991. The soldier’s death had been classified as a ‘Battle Casualty’ in official Army records.

The Central government had challenged the Armed Forces Tribunal's (AFT) order dated February 22, 2022, which directed authorities to consider the soldier’s mother’s claim for a liberalised family pension.

However, the High Court upheld the Tribunal’s findings, holding that the AFT had rightly applied the Ministry of Defence’s 2001 guidelines, which extend pensionary benefits to deaths occurring under operational duties, such as the one in question.

Finding no infirmity or illegality in the Tribunal’s decision, the Bench dismissed the government’s plea.

Advocate Dharam Chand Mittal appeared on behalf of the Central government.