Kashmir Singh vs Union of India on 28 October 2026

ORDER

JUSTICE SUDHIR MITTAL, MEMBER (JUDICIAL)

The applicant was serving in 18 Punjab battalion. At the relevant point in time, the battalion was deployed on the Line of Control. On 24.08.1999 at about 1800 hours, the applicant slipped and fell while returning from a link patrol. He suffered „Fracture Shaft Femur (R) Optd’, the extent of which was assessed to be 20% for life and attributable to military service. Thus, claim for grant of disability element has been accepted and the applicant is in receipt of the same.

2. The present Original Application has been filed because legal notice dated 19.06.2016 for grant of War Injury Element has been rejected vide letter dated 13.07.2016. Reason given for rejection is that the injury was never classified as Battle Casualty and the same fell under Category ‘B’ mentioned in Government policy letter dated 31.01.2001. Thus, the present Original Application has been preferred.

3. Learned counsel for the applicant has submitted that Court of Inquiry (C of I) for investigating the circumstances under which the applicant

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sustained severe injury assembled on 29.11.1999. It found that the battalion was deployed on the Line of Control and most of the posts occupied by it were located such that they were either under enemy observation or fire. Thus, link patrol moved under cover of darkness. The applicant was moving from Kanta DP to Hump when he sustained injury and the same was declared attributable to military service. This finding was endorsed by the Commanding Officer vide his endorsement dated 15.12.1999. Injury report approved by the Brigade Commander on 27.12.1999 also found that the injury was attributable to military service.

4. It has next been contended that the applicant was deployed in Op Vijay which was an operation notified by the Government. Thus, the disability arose under the circumstances (i) mentioned in Category ‘E’ referred to in Para 4.1 of Government letter dated 31.01.2001. Soldiers suffering from a disability occurring under the circumstances mentioned in Category ‘E’ are entitled to War Injury Pension as per Para 10.1 of the said letter.

5. Reliance has been placed upon judgement dated 24.07.2017 passed by this Regional Bench in OA No. 24 of 2014 Lakhbir Singh Vs. Union of India & Ors and judgement dated 17.02.2023 also passed by this Regional Bench in OA No. 1532 of 2017 Harminder Pal Singh Vs. Union of India & Ors.

6. Learned counsel for the respondents has relied upon the written statement and has submitted that a link patrol is a routine task performed by a unit. Such a task is not covered by policy letter dated 31.01.2001. The applicant is in receipt of disability element and rejection of his claim for grant of War Injury Element was justified.

7. From the respective submissions, it is evident that the applicant suffered the disability on account of accidental fall at about 1800 hours on

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24.08.1999 while on a link patrol. It is also evident that the posts occupied by the applicant's battalion were under enemy observation/fire. Although, the fact of deployment in Op Vijay is disputed, the fact that the applicant was operating very close to the Line of Control in Jammu & Kashmir would lead us to believe that the area was an operational area.

8. Under these circumstances, it is to be decided whether the applicant is entitled to grant of War Injury Element?

9. Category ‘E’ under Para 4.1 is in the following terms :- “PART II- PENSIONARY BENEFITS ON DEATH /DISABILITY

IN ATTRIBUTABLE /AGGRAVATED CASES

4.1 For determining the pensionary benefits for death or disability under different circumstances due to attributable/aggravated causes, the cases will be broadly categorised as follows: -

Category A

Death or disability due to natural causes neither attributable to nor aggravated by military service as determined by the competent medical authorities.

Examples would be ailments of nature of constitutional diseases as assessed by medical authorities, chronic ailments like heart and renal diseases, prolonged illness, accidents while not on duty.

Category B

Death or disability due to causes which are accepted as attributable to or aggravated by military service as determined by the competent medical authorities.

Diseases contracted because of continued exposure to a hostile work environment, subject to extreme weather conditions or occupational hazards resulting in death or disability would be examples.

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Category C

Death or disability due to accidents in the performance of duties such as :-

(i) Accidents while traveling on duty in Government Vehicles or public/private transport.

(ii) Accidents during air journeys

(iii) Mishaps at sea while on duty.

(iv) Electrocution while on duty, etc.

(v) Accidents during participation in organised sports events/adventure activities/ expeditions/training. 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 the aid of civil power in dealing with natural calamities.

Category E

Death or disability arising as a result of :-

(a) Enemy action in international war.

(b) Action during deployment with a peace keeping mission abroad.

(c) Border skirmishes.

(d) During laying or clearance of mines including enemy mines as also minesweeping operation.

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

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

(i) Extremist acts, exploding mines etc. while on way to on way to an operational area.

(ii) Battle inoculation training exercises or

demonstration with live ammunition.

(iii) Kidnapping by extremists while on operational duty.

(g) An act of violence/attack by extremists, anti-social elements, etc.

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

(i) Operations specially notified by the Govt from time to time.”

10. Para 10.1 of the aforestated letter is as follows :- “10.1. Where an Armed Forces Personnel is invalided out of service on account of disabilities sustained under circumstances mentioned in category „E‟ of Para 4.1 above, he/she be entitled to War Injury Pension consisting of Service element and War Injury element as follows :-“

11. For the necessary relief, the applicant will have to establish that (i) he was invalided from service and (ii) disability is covered under the circumstances mentioned in Category ‘E’.

12. As per the averments made in the Original Application, the applicant was discharged on completion of service limit. Thus, the applicant was not invalided from service. Further, learned counsel for the applicant has relied upon sub-category (i) mention under Category ‘E’ in support of his claim. The sub-category is in respect of operations specially notified by the

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Government from time to time. This has been interpreted 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. That was a case for grant of Liberalised Family Pension and the same was being claimed as death of the husband of the applicant therein had taken place in a notified operational area. Para 6.1 of the policy letter dated 31.01.2001 provides that if death occurs in any of the circumstances mentioned in Category 'D' or 'E', the next of kin would be entitled to the grant of Liberalised Family Pension. The sub-category was interpreted to mean that the death or disability should have occurred in action with the enemy. If no action was involved then the claimant would not get the benefit of the death/disability occurring in circumstances under Category ‘E’.

13. We are not making reference to Subedar Harminder Pal Singh (supra) and Ex Lance Naik Lakhbir Singh (supra) because the Hon’ble Supreme Court will prevail over the same.

14. In view of the above, rejection of the claim for grant of War Injury Element was justified. The Original Application has no merit and is dismissed.

(Lt Gen (Dr) Ranbir Singh)

(Justice Sudhir Mittal) Member (A)

Member (J)

28thOct, 2026 ‘dp’ REPORTABLE : YES