Archive · 26 Jul 2025
Court: Soldier Killed by Fellow Soldier Entitled to Benefits
A court has decided that a soldier's family is entitled to benefits if the soldier is accidentally killed by another soldier during a military operation.
This ruling came after the government tried to deny a pension to a mother whose son died in 1991 during Operation Rakshak.
The court stated that because the death happened during the operation, the family is eligible for a special pension.
The court also dismissed the government's argument about the delay in filing the claim, citing previous rulings that support this decision.
The Punjab and Haryana High Court upheld an AFT order granting a liberalized family pension.
The case involves Rukmani Devi, mother of a soldier killed in 1991 during Operation Rakshak.
The soldier died from a gunshot wound inflicted by a fellow soldier.
The court dismissed the Centre's petition, ruling the death a "battle casualty".
The court cited Ministry of Defence guidelines and the Supreme Court's ruling on pension entitlements.
- Who
- The Punjab and Haryana High Court, the Union of India, Rukmani Devi, and the deceased soldier.
- What
- The Punjab and Haryana High Court ruled a soldier's death by friendly fire during a military operation qualifies for benefits.
- When
- The ruling was delivered on July 16, concerning a death from October 21, 1991.
- Where
- Punjab and Haryana High Court, regarding Operation Rakshak in Jammu and Kashmir.
- Why
- To uphold the principle that soldiers killed in military operations, regardless of cause, are eligible for benefits.
Government's Position
Court's Ruling
Pension Entitlement
Government's Position
Challenged the AFT order granting pension to Rukmani Devi.
Court's Ruling
The High Court upheld the AFT's ruling, ensuring the pension.
Delay in Claim
Government's Position
Objected to the delay of over 25 years in claiming pension.
Court's Ruling
The Court dismissed the argument, citing a continuous cause of action.
- Court
- Punjab and Haryana High Court
- Case
- Soldier Death Benefits
- Deceased's Operation
- Operation Rakshak
- Death Date
- October 21, 1991
- Beneficiary
- Rukmani Devi
- Type of Benefit
- Liberalized family pension
- Ruling
- Soldier's death is a 'battle casualty'
