High Court upholds war injury pension benefits to injured soldier who fell in a rivulet during an anti-terrorist operation

The Punjab & Haryana High Court (India) has upheld the grant of “War Injury Pension” by the Armed Forces Tribunal (AFT) to a soldier who was injured due to a fall in a rivulet during an anti-terror operation. The soldier was released “Disability Pension” by the Government but refused “War Injury Pension”, a higher form of disability pension, on the pretext that such an injury could not be treated as a disability while in action, and that only injuries sustained in active operations due to bullets, blasts, mine-blasts etc would qualify for War Injury Pension.

On a petition filed by the soldier in the AFT, the said tribunal granted him relief holding that all injuries that were attributable to military service in operational areas were to be treated as qualifying for War Injury Pension, and that the same was also provided in the instructions issued by the Government of India.

The judgment of the AFT was however challenged by the Government in the High Court. The High Court, upholding the judgment of the AFT, has held that all such accidental injuries in operational areas were covered for grant of War Injury Pension, and that the same had also been held by the Supreme Court of India. The High Court has observed that even disabilities due to natural illnesses in such areas were covered for war injury benefits.

A news-report on the judgment in The Times of India can be accessed here.