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High Court Rules Friendly-Fire Death Qualifies for Killed-in-Action Benefits

Confirming the soldier’s fatal friendly fire incident as a battle casualty, the court ordered the defence ministry to grant Devi an enhanced pension

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The court did not find any merit in the contention that there was a delay in filing the application, as pension, which an employee who served the nation would be entitled to every month, was found to be a continuous cause of action.

Overview

  • A division bench of Justices Anupinder Singh Grewal and Deepak Manchanda on July 16 dismissed the Centre’s plea that the claim was time barred, reasoning that pension entitlement is a continuous cause of action.
  • The court upheld the Armed Forces Tribunal’s February 2022 order directing the Union of India to consider liberalised family pension for Rukmani Devi.
  • Army Air Defence Records had designated the October 1991 friendly fire death during Operation Rakshak as a ‘battle casualty’ under Part-II order No.01/BC/05/002.
  • January 2001 Ministry of Defence guidelines classify all notified operational disabilities, injuries and deaths under Category E of Para 4.1, securing enhanced pension benefits.
  • The ruling reinforces that ‘battle casualty’ status encompasses operational fatalities regardless of whether they result from enemy action or friendly fire.