Janmeet Singh vs Union of India on 21 October 2026

ORDER

While posted in the Northeast as part of ‘Operation Hifazat-II’, one of the tasks of the applicant was to perform counter-insurgency operations. As part of his duty, he had to chase militants on a two-wheeler on 26.04.2002. Due to jerk, his personal weapon got discharged automatically resulting in injuries to his spine and left leg. Accordingly, his medical category was permanently downgraded for disabilities of (a) ‘Post- Traumatic Osteoarthritis (Lt) Knee’, the extent of which was assessed to be 20% for life and aggravated by military service and (b) ‘Cervical and Lumbar (PIVD) with Spondylosis’, the extent of which was also assessed to be 20% for life and aggravated by military service. Despite the same, the applicant was retained in service for 17 years. He was discharged at his own request on 28.05.2019. He has been granted disability element in addition to service element but claim for grant of war injury element has been rejected on the ground that the disability did not take place under circumstances mentioned in Category ‘E’ (Part of Regulation 82 of the Pension Regulations for the Army (Part-I), 2008).

OA 927 of 2026

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Learned counsel for the applicant has placed reliance upon Sub- Category (ix) under Category ‘E’ to submit that rejection of the claim was not justified. However, in our opinion, Sub-Category (viii) of Category ‘E’ is more appropriate. The disability arose in action against extremists and as per note, the illustrations given are not exhaustive. Thus, even though the disability was a result of accidental discharge of personal weapon, liberal interpretation of Sub-Category (viii) would cover the case of the applicant.

Notice.

Mr. JS Lalli, DSGI, accepts notice on behalf of the respondents and waives service and seeks time to file reply.

Adjourned to 07.04.2027.

(Lt Gen (Dr) Ranbir Singh)

(Justice Sudhir Mittal) Member (A)

Member (J)

21st Oct, 2026 AKB