Court rules denial of welfare benefits to Operation Vijay battle casualty as arbitrary and orders Rs. 6 lakh compensation from National Defence Fund.
In a significant judgment, the Jammu & Kashmir and Ladakh High Court has directed the Union of India to pay ex-gratia financial assistance of Rs. 6,00,000/- to Ravi Kumar, an ex-sepoy who was invalidated out of military service due to battle casualties sustained during Operation Vijay. The court found the denial of benefits based on the geographical location of the injuries sustained to be arbitrary and violative of the constitutional guarantee of equality under Article 14.
Ravi Kumar, represented by Advocate Mr. H. A. Qureshi, had been classified as a battle casualty after suffering severe injuries, including an amputation and extensive burns, while deployed in an operational area during Operation Vijay. Despite this classification, he was denied the ex-gratia assistance available under a welfare package financed by the National Defence Fund, which was specifically formulated for soldiers like him.
The court, presided by Mr. Sanjay Parihar, J., emphasized the need for welfare policies to be interpreted liberally to achieve their intended purpose. The court held that the denial based on the geographical location of the injuries lacked any rational nexus with the welfare package's objective and was, therefore, arbitrary.
The respondents, represented by Mr. Vishal Sharma and Mr. Sumant Sudan, contended that the welfare package applied only to injuries sustained within the Kargil Sector. However, the court dismissed this argument, stating that the policy did not explicitly exclude injuries sustained outside the Kargil Sector during Operation Vijay.
The judgment comes after a prolonged litigation process, with the petition having been filed in 2006. The court criticized the respondents' hyper-technical interpretation of the policy, noting that it forced the petitioner to continue litigation for nearly two decades.
In its order, the court issued a writ of mandamus directing the Union of India to pay the ex-gratia amount within 60 days, with an interest rate of 7.5% applicable thereafter until realization.
Bottom line:-
Beneficial schemes for disabled soldiers should be construed liberally to ensure they achieve their intended purpose and not be defeated by restrictive interpretations.
Statutory provision(s): Article 14 of the Constitution of India, Armed Forces Tribunal Act, 2007, Communication No. B/45406/NDF/AG/R&W dated 22.06.2000.
Ravi Kumar v. Union of India, (Jammu & Kashmir And Ladakh) : Law Finder Doc id # 2943819
