Ex Hony Nk Nanu Ram vs UOI & Others on 26 March 2026

1. 1. The Union of India, through the Secretary to the Govt of India, Ministry of Defence, Deptt of Ex-Servicemen Welfare, South Block, New Delhi – 11

2. 2. The PCDA (Pension), Allahabad (UP) – 211014

3. 3. The OIC Records, The Rajput Regiment (Records) Fatehgarh (UP) – 209601

.... Respondents

For Applicant : Mr. Tansukh Rai, Advocate For Respondents : Mr. Pyare Lal, Advocate

**CORAM**

**HON'BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)** **HON'BLE MR SANJIV MITTAL, MEMBER (A)**


1. By way of this Application under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has prayed for directing the Respondents to grant War Injury Pension wef 01.01.1986 along with Rounding Off and other consequential benefits and that the arrears be paid along with interest @ 18% per annum.


2. Brief facts of the case as enunciated by the Applicant are that the Applicant was enrolled in the Army on 07.07.1967. During 1971 Indo-Pak War, the Applicant suffered mine blast injuries which resulted in amputation of his left leg from knee. The Applicant was downgraded to permanent Low Medical Category and, consequently, he was discharged from Service on 31.07.1984. Initially, his disability was assessed @ 60% for two years and, accordingly, he was granted War Injury Element from 01.08.1984 to 19.06.1986 vide PPO No D/BC/123/85 dt 21.08.1985 (Annexure A/5). However, in the subsequent PPO, without any cogent reasons, his War Injury Element was converted to Disability Element by the PCDA (P) and the Applicant was granted Disability Element of Disability Pension for life wef 01.01.1986 instead of War Injury Element (Annexure A/2). On coming to know the aforesaid fact, the Applicant issued Legal Notice dt 30.08.2024 for grant of War Injury Element instead of Disability Element wef 01.01.1986, but to no avail. Therefore, the aggrieved Applicant has filed present OA.

3. The Respondents have filed a detailed Reply Statement and while not disputing the basic facts presented by the Applicant, the Respondents have submitted that the injury of the Applicant was classified as "Battle Casualty" vide 17 RAJPUT BRO Part I Order dt 19.12.1971. At the time of discharge, his disability was assessed @60% for two years and was opined as Attributable to Military Service, which was assessed @60% for life by the subsequent Re-Survey Medical Board. The Applicant was initially granted War Injury Element for a period of two years, however, in the subsequent PPO, PCDA (P) issued PPO for grant of Disability Element instead of War Injury Element for life wef 01.01.1986. The Applicant submitted application dt 27.06.1987 for revision of his pension, however, PCDA (P) issued Corr PPO No D/R/3742/1988 dt 08.04.1988 with remarks that "on any War Injury Pay/Disability Pension shall not be paid less than Rs. 375/-. However, the amount of pension commuted shall be reduced from Rs. 375". In view of the aforesaid averments, the Respondents have reiterated that the OA is devoid of merit and deserves to be dismissed.

4. During the course of arguments, Learned Counsel for the Applicant placed reliance on Hon'ble High Court of Punjab & Haryana at Chandigarh judgment dt 21.08.2025 in CWP No 24161/2025 in the case of UOI & Ors Vs Ex Sep Sham Singh & Anr and contended that the Applicant is entitled for grant of arrears of War Injury Element from the date its discontinuation, ie., 01.01.1986.

5. We have heard Learned Counsels for both the parties and perused the material placed on record.

6. It is not in dispute that the Applicant sustained injuries during Indo-Pak War, 1971 and the disability was classified as "Battle Casualty" and BRO Part I published to the effect. It is also not in dispute that initially the Applicant was granted War Injury Pension for a period of two years from 01.08.1984 to 19.06.1986 vide PPO No D/BC/123/85 dt 21.08.1985. However, vide subsequent PPO placed at Annexure A/2, PCDA (P) granted him Disability Element in addition to Service Element for life wef 01.01.1986 instead of War Injury Element. Representation made by the Applicant was not acceded to by the PCDA (P) and no justifiable reasons for converting War Injury Element to Disability Element was given by PCDA (P). In view of the above, the Applicant is clearly eligible for War Injury Element from the date of its discontinuation, ie. 01.01.1986 and Rounding Off Benefits for life wef 01.01.1996 and other consequential benefits, if any.

7. In-fine, the OA is allowed. The Respondents are directed to grant War Injury Element to the Applicant from the date of its discontinuation along with Rounding Off benefits as per norms for life wef 01.01.1996. The arrears shall be paid to the Applicant along with interest @ 8% per annum within a period of four months from the date of receipt of a certified copy of this Order, failing which, arrears shall carry additional interest @ 6% pa, till the actual date of payment. The amount already paid on account of Disability Element will be suitably adjusted in arrears.

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

9. No order on costs.

Sd/- XXX

(SANJIV MITTAL) MEMBER (A)

Ssy/-

Sd/- XXX

(GOVERDHAN BARDHAR) MEMBER (J)