‘Battle Casualty Not Disease’: High Court Slams State, Orders Job for Soldier’s Son
The Punjab and Haryana High Court has directed the Haryana government to provide compassionate appointment to the son of a brigadier who died in a high-altitude operational area during Operation Snow Leopard, rejecting the state's argument that the death was due to a disease rather than a battle casualty.
Justice Nidhi Gupta, in a July 17 order, described the state's stand as 'preposterous' and 'crass and ignorant', noting that the officer's death occurred while serving in an active battlefront during the Galwan incident, a border conflict with China.
The court was hearing a petition filed by Saksham Rathore, son of late Brigadier Abhimanyu Singh Rathore, who died on July 30, 2023. The Army had certified his death as a 'battle casualty' under its applicable policy. Despite this, the Haryana government rejected Rathore's application for compassionate appointment, claiming the death was due to a disease and not covered under the relevant policies.
The court observed that the officer suffered from Cerebral Venous Thrombosis (CVT) due to extreme climatic conditions at high altitude. 'Had he not been posted at such a high altitude, he was unlikely to have suffered from CVT,' the order stated.
Justice Gupta also addressed the state's usage of the term 'martyr', noting that the Armed Forces use 'battle casualty' for personnel killed in action or who die in operational areas, and that 'martyr' carries political and religious connotations not considered in military classification.
The court directed the state to reconsider Rathore's application within six weeks, taking into account the Army's battle casualty certificate and applicable policies, including the 2018 and 2023 compassionate appointment guidelines.
