Ex NK Narendra Singh (Army) vs UOI & Others on 8 May 2026

**ORDER**

**08/05/2026**

**MA No 778/2018**

- 1. The applicant has filed this MA praying for condonation of delay of 11 months and seven days in filing the OA. The delay is condoned.

**OA 695/2018**

- 2. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has filed this OA praying for directing the Respondents to grant War Injury Pension to the applicant from his date of discharge/invaliding from service alongwith all consequential benefits with interest. He has also prayed for grant of any other relief, which is deemed fit in the facts and circumstances of the case in favour of the applicant.

3. Brief facts of the case as enunciated by the applicant are that the applicant was enrolled in the Army on 18/3/2000 and was discharged/invalided out from service on 31/3/2017 on medical grounds with 40% disability, at his own request before fulfilling his terms of engagement. He had rendered 17 years and 13 days of service. The applicant had sustained injury, "Gun Shot Wound both Thigh" while the applicant was participating in Operation, "Hifazat" in Manipur, and the same was assessed @40%. The applicant was granted the benefit of normal disability pension whereas the applicant is eligible for grant of War Injury Pension. OIC Records sent the claim of the applicant, but the Respondents till date have not paid any heed in granting him War Injury Pension. Having been aggrieved, the applicant has filed this OA, praying for relief.

4. The Respondents, vide their Reply Statement, have stated that the applicant was enrolled in the Army on 18/3/2003 and was discharged from service on 31/3/2017 at his own request on compassionate grounds before fulfilling the conditions of his enrolment. He had rendered 17 years and 13 days of service and was granted service pension for life. Further, the applicant, while his parent Unit, 19 RAJPUT was deployed in North East under Operation 'Hifazat', sustained 'Gun Shot Wound Both Thigh' on 11/12/2004, from heavy firing from the militants from their concealed positions, while engaging with the militants. In this operation, three soldiers succumbed to their injuries – two on the spot and one while undergoing treatment at the military hospital, four officers, one JCO and 11 Other Ranks including the applicant herein were also injured severely. The casualty in this regard was published as the Battle Casualty vide Record Office Order dated 02/8/2007, Annexure R/3. The RMB held prior to his discharge from service on superannuation, assessed the disability of the applicant 'Gun Shot Wound Both Thigh with Compound Commuted Fracture Femur (Lt) (Optd)', @40% for life and was considered as attributable to military service by the competent military authorities. While the claim of the applicant for grant of War Injury Pension was submitted to PCDA (P), but the applicant was granted Disability Element of Disability Pension vide PPO dated 21/9/2018, Annexure R/10.

5. We have heard the counsels for the parties and perused the material on record.

6. It is apparent from the documents on record that the applicant, while serving in North East with his parent Unit, 19 RAJPUT under Operation "HIFAZAT", sustained "Gun Shot Wound Both Thighs With Compound Communited Fracture Femur (Lt) (Optd)" on 10/12/2004. The applicant was part of area domination operation to the areas West and North of Tuilumjang of Manipur, and when his Column was proceeding tactically faced heavy firing from the militants. In the ensuing fire fight, while three soldiers succumbed to their injuries, four officers and 11 Other Ranks including the applicant herein were severely injured. Casualties were declared as Battle Casualty by the Unit concerned. The RMB held in December 2016, assessed the disability of the applicant @40% for life and considered it as attributable to military service. The applicant was discharged from service wef 31/3/2017 under Rule 13 (3) Item III (iv) of Army Rules, 1954, at his own request before fulfilling his terms of engagement. He had rendered 17 years and 13 days of service and was granted service pension for life.

7. Perusal of record further reveals that contrary to the statement of the Applicant and the Respondents in their Reply Statement, the applicant was granted War Injury Element @40% duly rounded off to 50% for life vide copy of PPO dated 24/9/2018, Annexure R/10.

8. It is also prudent to observe here that despite repeated directions to the Respondents and the reasons best known to them, the Respondents have not made any commitment either through an affidavit or orally whether the Respondents had granted War Injury Pension to the fellow soldiers of the applicant who had succumbed/sustained grave injuries in the said operation. Nor has it been ever brought to the notice of this Tribunal by the applicant that War Injury Element has already been sanctioned in his favour under the said PPO dated 24/9/2018.

9. In view of the foregoing narration, it is apparent that while the counsel for the applicant was blissfully ignorant of grant of War Injury Element to the applicant for life, the Respondents were also callous in their Reply Statement by stating that he has been granted disability element of disability pension instead of War Injury Element, which is not correct.

10. Since the relief prayed for in the OA has already been granted to the applicant, this OA is dismissed as infructuous.

11. The OA is disposed off accordingly. No order on costs.

8d1 xxx

8d1 xxx

**(SANJIV MITTAL)** **MEMBER (A)**

**(GOVERDHAN BARDHAR)** **MEMBER (J)**

cda/-