Supreme Court Slams Centre, Imposes ₹50,000 Fine Over Soldier's Widow Pension Case

The Supreme Court on December 4, 2024, gave a landmark judgment wherein it imposed a ₹50,000 fine on the central government in a case related to the widow pension of a soldier who died while serving the country. The court sharply condemned the Centre for challenging the order given by the Armed Forces Tribunal. There was an order made granting Saroj Devi, a widow, Liberalized Family Pension in the respect for the service given by her late husband. This particular case should not be pulled through litigation; this, on the other hand, gives sympathy to the wife of the martyr.

The dispute arose because the Centre argued that the soldier's death was not a result of wartime circumstances and, therefore, the widow did not qualify for the LFP. The Centre contested the Tribunal's ruling, which had granted the pension on the grounds that the soldier died during operational duty along the Line of Control (LoC). Additional Solicitor General Vikramjeet Banerjee, legal counsel for the Centre, argued that LFP applies only to those cases of soldiers whose deaths are covered under specific categories as defined by Ministry of Defence orders.

The widow contested this argument, pointing out that her husband's death was initially recognized as a battle casualty, and a certificate was issued to that effect. Later, the classification was changed to a "physical casualty." However, the Supreme Court upheld that the soldier died during an operation at LoC under "Operation Rakkar," while patrolling in extreme cold conditions at night. The Court declared that this falls under "battle casualty" under law, hence the widow is eligible for LFP.

The Court directed the government to pay the fine to the widow within two months and emphasized that much more sensitivity should be shown towards the families of martyrs who have sacrificed their lives in service to the nation. The soldier in question, Naik Inderjit Singh, was on duty when he met with a tragic end on January 23, 2013, during the night patrol along the LoC.