Armed Forces Tribunal
Ex Gdr (ACP-II) Sumer Singh (Army) vs UOI & Others on 4 May 2026
**ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR**
26.
**OA No 577/2021 with MA No 478/2021**
No-2699855M Ex Gdr (ACP-II) Sumer Singh, S/o Prahlad Singh, R/o Village-Maligaon, PO-Kasimpura, Tehsil-Chirawa, District-Jhunjhunu (Raj)
.... Applicant
Versus
1. Union of India, through its Secretary, Govt of India, Ministry of Defence, New Delhi
2. The OIC Records, The Grenadiers Regiment
3. PCDA (P), Prayagraj (UP) – 211014
.... Respondents
For Applicant : Mr. Tansukh Rai, Advocate For Respondents : Mr. Pyare Lal, Advocate, Proxy for Mr. OP Jhajhria, Advocate **CORAM:****HON'BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)****HON'BLE MR. SANJIV MITTAL, MEMBER (A)**
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**ORDER**
**04.05.2026**
1. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has filed this OA praying therein for directing the Respondents to grant War Injury Pension along with consequential benefits to the Applicant from his date of discharge on 30.06.2019 and that the arrears be paid along with interest @ 18% per annum.
2. The brief facts as enunciated by the Applicant are that the Applicant was enrolled in the Army on 02.06.2002 and on completion of terms of engagement, he was discharged from Service on 30.06.2019. While deployed on Line of Control in Op Rakshak (J&K), he sustained injuries during enemy firing which was considered as Attributable to Military Service. The Applicant has been granted Disability Pension for life instead of War Injury Pension. The Applicant submits that he sustained injury while deployed on Line of Control in Op Rakshak, therefore, he should be granted War Injury Pension instead of Disability Pension. The Applicant made representation to the Respondents for grant of War Injury Pension instead of Disability Pension, however, the same was rejected vide impugned Order dt 30.12.2019. Therefore, the aggrieved Applicant has filed present OA.
3. The Respondents filed a detailed reply to the Application and while not disputing the basic facts presented by the Applicant, they have submitted that the Applicant sustained injury "Splinter Injury with Low Ulnar Nerve Palsy (Rt)" under operational circumstances during Cease Fire Violation (CFV) on 09.12.2012 at Forward Defending Location (FDL) during enemy firing in Op Rakshak (J&K) and the unit had not declared the injury as Battle Casualty. The Applicant was placed in low medical category and was retained in Service and on completion of terms of engagement, he was discharged from Service on 30.06.2019. The duly constituted Release Medical Board assessed his disability @ 30% for life and considered the same as Attributable to Military Service. Accordingly, the Applicant has been granted Disability Element of Disability Pension duly rounded off to 50% for life. However, if the unit of the Applicant takes necessary action at their end for declaration of the injury as Battle Casualty, the case shall be processed with Competent Authority for the same. In view of the aforesaid averments, the Respondents have reiterated that the OA is devoid of merit and deserves to be dismissed.
4. We have heard Learned Counsels for both the parties and perused the material placed before us.
5. During the course of arguments on 04.08.2023, Learned Counsel for the Respondents submitted that the Applicant had been advised to obtain Severity Certificate of the gravity of the injury from the nearest Military Hospital vide letter dt 13.07.2023, however, the Applicant did not report to Military Hospital, Jaipur for the same. Therefore, this Tribunal vide Order dt 04.08.2023 directed MH, Jaipur to do the needful, if the Applicant reports to MH, Jaipur. During the course of hearing on 03.01.2024, Learned Counsel for the Applicant submitted that the Severity Certificate has been obtained from MH, Jaipur and submitted to the Respondents to which Learned Counsel for the Respondents submitted that the issue was under process for getting Government Sanction and prayed for more time for getting the Government Sanction. However, despite repeated opportunities, the Respondents are yet to intimate the action in this matter. Today, during the Course of arguments, Learned Counsel for the Applicant placed on record a copy of The Grenadiers Records letter No 1072/BC/RA-4 dt 16.11.2024 which reflects that vide Part II Order No 1/0577/2024 dt 21.08.2024 the injury has been classified as Battle Casualty.
6. Taking into consideration the overall facts and circumstances of the case and also the fact that Part II Order dt 21.08.2024 for classifying the injury as Battle Casualty has been published and the Respondents have processed the case of the Applicant to the Competent Authority, we direct the Respondents to decide the case of the Applicant within four months from the date of receipt of a certified copy of this Order as per extant rules/regulations/policies on the subject. The outcome thereof, shall be intimated to the Applicant.
7. The OA is disposed off accordingly. Pending Miscellaneous Application(s), if any, also stand disposed off.
8. No order on costs.
Sd/- XXX
Sd/- XXX
(SANJIV MITTAL) MEMBER (A)
(GOVERDHAN BARDHAR) MEMBER (J)
Ssy/-
