Ex Hav Chandgi Ram Muhul through wife Smt Neelam Devi vs UOI & Others on 28 January 2026

O R D E R

28.01.2026

1. By way of this Application 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 for life instead of Disability Pension wef 17.05.2016 instead of Disability Pension and that the arrears be paid along with interest @ 12% per annum.

2. The brief facts as enunciated by the Applicant are that the Applicant was enrolled in the Army on 08.01.1999 and after rendering 17 years, 4 months and 9 days of service, he was invalided out of Service on 16.05.2016 on medical grounds for which he has been granted Disability Pension @100% for life wef 17.05.2016. While deployed in Op Falcon at Lungar Post, Ahirgarh (Arunachal Pradesh) as part of NETF (Non Engineer Tast Force) in High Altitude Area, on 26.04.2014, the Applicant reported breathlessness followed by headache and vomiting and was treated at 155 Base Hospital, Tezpur and Command Hospital, Kolkata and after prolonged treatment, he was invalided out of service on 16.05.2014 on medical grounds due to diseases viz., (i) High Altitude Cerebral Oedema, (ii) B/L PCA and Posterior Circulation Stroke (Infract) and (iii) B/L

Mallunited Subtrochanteri C Fracture with Myositis Ossificans. The duly constituted Invaliding Medical Board assessed Composite Disability @ 100% and considered the disabilities as Attributable to and Aggravated by Military Service with Constant Attendant Allowance (CAA). The Applicant has been granted Disability Pension and CAA instead of War Injury Pension. The Applicant submits that he suffered from the illness in High Altitude Area due to extreme climatic conditions and consequently was invalided out of service on medical grounds, hence, he is eligible for grant of War Injury Pension in terms of Para 5(f) of AO 5/2020/MP. The Applicant made representations and also issued Legal Notice for grant of War Injury Pension instead of Disability Pension but to no avail. 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 as per Para 4(iii) of SAO 8/S/58, an injury sustained due to natural calamities at the time of performance of operational duty/movement whilst in action against enemy forces is to be treated as a Battle Casualty. Para (ii) of SAO 8/S/85 lays down that casualties in fighting against armed hostilities and those whilst in aid of civil power to maintain internal security are classified as Physical Casualty for Statistical purposes, but are treated as Battle Casualties for financial benefits. As per Para 27 of ibid SAO, initial and detailed reports were required to be initiated on occurrence of battle casualty. Since no record is found in the field service documents, hence, his case can be considered for War Injury only after classification of injury of the Applicant as Battle Casualty. In the instant case, neither Battle Casualty Certificate nor Part II Order regarding Battle Casualty are found in his service documents. On receipt of personal application dt 29.12.2022 from the Applicant, Physical Casualty Certificate was issued to the Applicant vide Records The JAT Regiment letter dt 09.08.2023 and it also approached 21 JAT to process the case of the Applicant to IHQ of MoD (Army) for issuance of Battle Casualty Certificate vide letter dt 03.02.2023. The claim for grant of War Injury Pension can be processed only after classification of injury of the Applicant as Battle Casualty.

4. During the course of arguments, Learned Counsel for the Applicant submits that the case may be remanded back to the Respondents for their reconsideration in terms of Para 5(e) of AO 5/2020/MP and Hon’ble Supreme Court judgment dt 03.12.2024 in CA No 13730/2024 in the case of Saroj Devi Vs UOI & Ors, in view of the fact that the Applicant suffered from the illness whilst posted in High Altitude Area due to extreme climatic conditions and, consequently, he was invalided out of service due to the disabilities assessed @ 100% for life with CAA.

5. We have heard Learned Counsels for both the parties and perused the material placed before us.

6. As per Para 1(g) of Appendix ‘A’ to AO 1/2003/MP, “casualties occurring while operating on the international border or line of control due to natural calamities and illness caused by climatic conditions” are to be classified as Battle Casualty. In the present case, the Applicant suffered from the illness while deployed in High Altitude Area at Langer Post in Arunachal Pradesh (Op Falcon). The Applicant was treated in Service Hospitals and after prolonged treatment he was invalided out of Service on medical grounds due to the disabilities suffered in High Altitude Area due to extreme climatic conditions.

7. Taking into consideration the overall facts and circumstances of the case and also the fact that the Applicant suffered from the illness due to extreme climatic conditions while posted in High Altitude Area, we direct the Respondents to reconsider the case of the Applicant for classification of the casualty of the Applicant as Battle Casualty as per extant rules/policies within a period of three months from the date of receipt of a certified copy of this Order. The outcome thereof, shall be intimated to the Applicant.

8. The OA is disposed off accordingly. Pending Miscellaneous Application(s), if any, also stand disposed off.

9. No order on costs.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

Ssy/-