The Petitioner's father was a serving officer of the Indian Army who laid down his life while serving in "Operation Snow Leopard", an operation launched by the Indian Army to counter Chinese aggression and halt advancing Chinese forces gaining territory in India. The Petitioner's father passed away due to extreme operational climatic conditions in Leh, Ladakh, India and his death was duly declared as a "Battle Casualty" by the Indian Army as per Army Order 05/2020.
Despite being covered by the State of Haryana's policy dated 28-09-2018 governing compassionate appointment for dependants of Battle Casualty, his application which was duly endorsed by the Indian Army, was rejected by the State of Haryana by a non-speaking order whereby, it was communicated to the Petitioner that he was covered by a new policy of the State of Haryana on the subject dated 14-08-2023. Notably, this Policy did not have any retrospective application. Further, the Respondents submitted that the father of the Petitioner "had not died in action, but had died due to disease".
The Bench characterised the above submissions as preposterous, crass and ignorant and even pointed out that the condition suffered by the soldier was in active service at a battlefront. Relying on the precedent of Jai Dev Vs State of Haryana & Others, as well as Major Arvind Kumar Suhag v. State of Haryana, the Bench summarised that once the Ministry of Defence certifies a death as "Battle Casualty" the State cannot dispute the characterisation for extending policy benefits.
The decision affirms that death as a result of active hostilities is not a precondition for Battle Casualty status as well as for extension of welfare policies to the dependants of fallen personnel.
