'Have sympathy, why drag soldier's widow to court': Supreme Court slaps Rs 50k on Centre for denying liberalised pension

The army soldier had died in 2013 due to a cardiac arrest during an operational activity close to LOC in Jammu and Kashmir.

New Delhi: The Supreme Court on Tuesday took an objection to the conduct of the Union government for dragging a widow of a soldier, who died at line of control in J&K due to extreme climatic conditions, to the court to deny her liberalised family pension, observing the decision-making authority ought to have been sympathetic to her.

A bench of Justices Abhay S Oka and Augustine George Masih imposed Rs 50,000 cost on the Centre for challenging an Armed Forces Tribunal order, which granted a liberalised pension to the widow of a soldier who died during a counter-terrorism patrol in 'Operation Rakshak'.

"In our view, in a case like this, the respondent ought not to have been dragged to this court, and the decision-making authority of the appellants ought to have been sympathetic to the widow of a deceased soldier who died in harness,” the bench said.

Dismissing the appeal by the Centre, the court thus imposed Rs 50,000 cost on Saroj Devi, wife of deceased Naik Inderjeet Singh, payable to the respondent within a period of two months.

Singh, suffered a cardiac arrest while on patrol in extreme weather conditions in January 2013. Initially, his death was classified as a "battle casualty" but later classified as a "physical casualty" attributable to military service.

Examining the matter, the bench found the death in the case can be attributed to illness caused by extreme climatic conditions.

Hence, as per clause 1 (g) of Appendix ‘A’ of the Army Order 1 of 2003, the case will fall in ‘Battle Casualties’, it said.

The court explained the reason is that the deceased was operating near LC in extreme climatic conditions. He was part of Operation Rakshak and was on duty near LC.

"The casualty caused by illness due to climatic conditions is covered by clause 1 (g). In this case, the respondent’s husband was a victim of illness caused by extreme climatic conditions. Therefore, the case of the deceased will fall in the category of ‘Battle Casualties’," the bench held.

The court directed the Union government to implement the directions issued by the Tribunal to disburse money to the respondent widow under liberalised pension scheme within a maximum period of three months.