Ex Ptr Sukh Singh vs UOI & Others on 12 November 2025

ORDER

12.11.2025 Respondents 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 wef 19/12/1993 alongwith rounding off benefits wef 01/1/1996 for life. He has also prayed for grant of all other benefits of Battle Casualty and the arrears to be paid alongwith interest @12% patu.

2. Brief facts of the case as enunciated by the applicant are that the applicant was enrolled in the Army on 11/8/1988 and was invalided out from service on 18/12/1993 after serving for five years, 4 months and 7 days due to the disability, "Amputation through H Knee (R) due to Crush Injury, Annexure A/3. He was invalided out from service with more than 70% disability and was granted disability element @75% instead of War Injury Pension as the applicant suffered injury while posted at an active High Altitude Area at HAWS due to avalanche injury and the injury sustained by the applicant was considered as attributable to military service, as certified by the Lt Col VR Gattu, Classified Specialist 1 Surgery, Annexure A/4. He futher submits that since the applicant sustained injury due to avalanche and the casualties occurring while operating on the International Border or Line of Control due to natural alamities and illness caused by climatic conditions are governed by the Army Order 01/2003/MP, the applicant is clearly eligible for grant of War Injury Pension instead of the disability element of disability pension granted to him. Having been aggrieved, the applicant has filed this OA, praying for grant of relief.

3. During thé course of hearing, counsel foY the applicant has focused on the letter dated 31/5/2023 written by the Records Offic to the Zila Sainik Kalyan Karyalaya, Karauli, Rajasthan, wherein it has been stated that the applicant sustained injury on his right leg during icecraft training on 31/7/1992 while posted at Machoi Glacier, Op RAKSHAK, Jammu and Kashrmir while attending Mountain Warfare Advance Course and the injury sustained by the applicant was considered as attributable to militaty service.

O R C E S T R I B The Respondents have filedi atdetailedReply Statement. While not distputing the basic facts, they have submitted that the applicant, on cuimination of his basíc military training, was posted to 6th Battalion, The Parachute Regiment on 15/2/1990. On 31/7/1992, while the applicant was attending Ice Craft Training Course (MW Advance Course) at the High Altitude Warfare School, Machoi Glacier, was hit by a boulder after it changed its direction towards the course by hitting another rock in its path and the applicant sustained injury on his right leg. ar2c treated at 92 Base Hospital where amputation through the knee was performed and later transferred to Command Hospital, Air Force, Bengaluru through Command Hospital, Northern Command for prosthesis fitting and disposal. The applicant was brought befeore an Invaliding Medical Board at Command Hospital, Air Force, Bengaluru which assessed the disability of the applicant, "Amputation Through Knee (Rt) Prospthesis through Knee" @70% for for two years and considered it as attributable to military service. The applicant was invalided out from service from service on 18/12/1993 under Rule 13 (3) Item II

(i) of Army Rules in Medical Category 'EEE' (Permanent). He had rendered five years, 4 months and eight days of service. He was qranted Service Element and disability element of dsability pension duly rounded off to 75% for life, apart from all other admissible terminal benefits. The applicant was not declared as a case of Battle Casualty for the injury sustained during Ice craft training course at the High Altitude Warfare School, as the disability sustained by the applicant does not come under the púrview of Category E' under Para 4.1 of Govt of India Ministry of Defence letter No 1(2)/97/D(Pen-C) dated 31/1/2001 and, hence, the applicant is not entitled for grant of War Injury Pension.

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

ED

6. FORCES TRIBS From perusat of record, it is evident that the applicant was invalided out from service on 18/12/1993 due to the injury sustained by the applicant while the applicant Was attending lce Craft Training Course (MW Advance Course) at the High Altitudé Warfare School, Machoi Glacier, Jammu and Kashmir, which eventually resulted into amputation through his Knee. The duly constituted IMB assessed the disability of the Applicant, "Amputation Through Knee (Rt) Prospthesis through Knee" @70% for two years and considered it as attributable to military service. He had rendered five years, 4 months and eight days of service.

The disability sustained by the applicant was considered as a Physical Casualty and not as a Battle Casualty. Apart from all the admissible terminal benefits, the applicant was granted Service Element and disability element of disability pension duly rounded off to 75% for life.

7. There is no gainsaying the fact that the Army career of the applicant had Come to a screeching halt at the príme of his youth due to the devastating injury sustained by the applicant while undergoing course at the High Altitude Warfare School, Jammu and Kashmir, As prayed for by the Counsel for the Applicant, we deem it appropriate to direct the Applicant to submit a fresh Representation to the Competent Authority with his prayer for grant of War Injury Pernsion based on the Records Office letter dated 31/5/2023 within a period of one month from the date of receipt of a copy of thËs Order. The Compentent Authority shall reconsider the case of the applicant holistically taking into consideration the entire gamut of the issue and take á onsiderate decision in accordance with existing rules/policies on the subject expeditiously, but within aperiod of six months from the date of receipt of such a Representation. The outcome shall be communicated to the applicant. It is also made clear that if the CompetentAuthority decides to award War Injury Element, the same may be granted wef the date of filing of the OA, as it has been filed after a huge delay of 31years from the date of discharge of the Applicant.

9. cda/ (SANIIV MITTAL) MEMBER (A) FORCES TRIY The OA i_ disposed off accoYdingly. No order on costs. Pending application, if any, also stands disposed of. (GOVERDHAN BARDHAR) MEMBER (J)