New Delhi: On December 3, the Supreme Court rejected the Union of India's appeal against a ruling by the Armed Forces Tribunal (AFT), which had granted a Liberalised Family Pension (LFP) and other benefits to the widow of a soldier who died during an Area Domination Patrol along the Line of Control (LoC).

The bench, consisting of Justice Abhay Oka and Justice Augustine George Masih, imposed a cost of Rs. 50,000 on the Union of India. The Court noted that the widow of Naik Inderjeet Singh, who had died in service, should not have been subjected to a legal battle in such circumstances. "In our view, in a case like this, the respondent should not have been brought to court. The decision-making authority should have shown compassion towards the widow of a soldier who died while on duty. Therefore, we are imposing a cost of Rs. 50,000, which will be payable to the respondent," the Court remarked.

Naik Inderjeet Singh had joined the Indian Army on February 27, 1996. On January 23, 2013, while part of an Area Domination Patrol in Jammu and Kashmir as part of Operation Rakshak near the LoC, Singh developed breathlessness due to extreme weather conditions during his duty between 1:00 a.m. and 3:30 a.m. Due to the harsh climatic conditions, he had to be evacuated on foot to the nearest medical facility at Chowkibal, where he was declared dead. The cause of death was later confirmed as cardiopulmonary arrest.

Initially, his death was classified as a "battle casualty," but it was later reclassified as a "physical casualty attributable to military service." His widow, Saroj Devi, received terminal benefits, including a special family pension. However, her request for a Liberalised Family Pension was denied, prompting her to file an application before the Armed Forces Tribunal. On August 23, 2019, the Tribunal ruled in her favor, ordering the grant of LFP and an ex-gratia lumpsum amount for battle casualties. The Union of India appealed this decision before the Supreme Court.

Additional Solicitor General Vikramjeet Banerjee argued that the LFP scheme, governed by a Ministry of Defence order dated January 31, 2001, applies only in specific categories (D and E) under paragraph 4.1. While acknowledging that category D did not apply, he contended that the death should not fall under category E either, as it was classified as a "physical casualty."

On the other hand, Senior Counsel K. Parameshwar, representing the widow, defended the Tribunal’s ruling.

The Court examined the classification of Naik Singh’s death and noted that it was caused by illness resulting from extreme weather conditions near the LoC. The Court found this death to fall within the definition of a "battle casualty" as outlined in Clause 1(g) of Appendix A of Army Order 1 of 2003, which includes casualties due to natural calamities or illness caused by climatic conditions in border areas.

The Court also reviewed category E of the January 31, 2001 order, particularly sub-clause (f), which applies to deaths arising from war-like situations. The Court concluded that the term "war-like situations" is broadly defined and is not limited to the specific situations listed in the clause. In this case, the Court found that Singh’s death, which occurred under the challenging and hostile conditions near the LoC, fell within this definition. Therefore, the Court upheld the Tribunal's decision that category E, clause (f), was applicable.

The Supreme Court dismissed the Union’s appeal, ordered the implementation of the Tribunal’s directions within three months, and directed the appellant to pay Rs. 50,000 in costs to the widow within two months.

Case no. – Civil Appeal No. 13730 of 2024
Case Title – Union of India & Ors. v. Saroj Devi