Randhir Singh vs Union of India on 16 October 2026

ORDER

JUSTICE SUDHIR MITTAL, MEMBER (JUDICIAL) The applicant was discharged on 31.07.2023 because he was in a permanent low medical category and no sheltered appointment was available for him. Total service rendered by him was 24 years 29 days. The medical category had been permanently downgraded on account of disability of ‘Cerebral Venous Sinus Thrombosis’, the extent of which was assessed to be 30% for life and aggravated by military service. Thus, claim for grant of disability element was accepted. The applicant is in receipt of the same in addition to service element.

2. The present Original Application has been filed for grant of War Injury Element.

3. A representation dated 07.09.2026 was submitted but the same was rejected on the ground that he had not been declared a Battle Casualty.

4. Learned counsel for the applicant has submitted that the disability occurred when the applicant was posted on the Line of Control (LoC) during Operation ‘Snow Leopard’. The same was a Government notified operational area and, thus, the applicant was entitled to grant of War Injury Element instead of disability element.

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5. The submission is not worthy of acceptance. War Injury Element is payable only if the disability of a claimant took place under circumstances mentioned in Categories ‘D’ and ‘E’ mentioned under Regulation 82 of the Pension Regulations for the Army (Part-I), 2008 (hereinafter to referred to as the ‘2008 Regulations’). The said categories are as follows: “Category D

Death or disability due to acts of violence /attack by terrorists, anti - social elements etc. whether on duty other than operational duty or even when not on duty. Bomb blasts in public places or transport, indiscriminate shooting incidents in public etc. would be covered under this category, besides death/disability occurring while employed in aid of civil power and also while dealing with natural calamities.

Explanation: Cases falling under Category D entitles liberalised disability pension or liberalised family pension as the case may be.

Category E

Death or disability arising as a result of: -

(i) Enemy action in international war

(ii) Action during deployment with a peace keeping mission abroad

(iii) Border skirmishes

(iv) During laying or clearance of mines including enemy mines as also mine sweeping operations.

(v) On account of accidental explosions of mines while laying operationally oriented mine field or lifting or negotiating mine field laid by the enemy or own forces in operational areas near international borders or the line of control.

(vi) War like situations, including cases which are attributable to/aggravated by:-

(1) extremist acts, exploding mines etc, while on way to an operational area

(2) battle inoculation training exercises or demonstration with live ammunition

(3) Kidnapping by extremists while on operational duty.

(vii) An act of violence/attack by extremists, anti social elements etc. while on operational duty.

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(viii) Action against extremists, antisocial elements etc. death/disability while employed in the aid of civil power in quelling agitation, riots or revolt by demonstrators shall be covered under this category.

(ix) Operations specially notified by the Government from time to time Explanation :

Death or injury sustained in the circumstances falling under Category E entitles liberalised family pension or war-injury pension as the case may be. Note: The illustrations given in each category above from ‘A’ to ‘E’ are not exhaustive. Case not covered under these categories shall be dealt with as per Entitlement Rules for Casualty Pensionary Awards, 1982 as contained in APPENDIX IV of these Regulations.”

6. The case of the applicant is not covered by either of the categories. Reliance upon said category (ix) is misplaced. The said category is regarding disability arising in operation specially notified by the Government from time to time. Although, Operation ‘Snow Leopard’ is a specially notified operation, the disability was not the result of action involving the enemy. This interpretation has been given by the Hon’ble Supreme Court in judgement dated 23.09.2019 passed in Civil Appeal No. 7459-7460 of 2010 Kanchan Dua Vs. Union of India & Anr. Thus, claim of the applicant cannot be accepted.

7. The Original Application has no merit and is dismissed.

(Lt Gen Ravendra Pal Singh (Retd)

(Justice Sudhir Mittal) Member (A)

Member (J)

16thOct, 2026 ‘b’ REPORTABLE : NO