Court affirms the attribution of frostbite injury to military service, grants pension with rounded-off disability percentage.
In a significant ruling, the Punjab and Haryana High Court dismissed a writ petition filed by the Union of India, affirming the decision of the Armed Forces Tribunal to grant war injury pension to Ex-Naik Balbir Singh. The judgment was delivered by a division bench comprising Justices Harsimran Singh Sethi and Deepak Manchanda.
The case revolved around a disability pension claim by Ex-Naik Balbir Singh, who suffered a frostbite injury resulting in 20% disability while serving in the operational area of Operation Meghdoot at the Siachen Glacier. The Union of India contested that the injury was not attributable to military service, arguing that Singh should have exercised more caution in the operational zone.
However, the court found this argument untenable. Citing the government instructions dated January 31, 2001, it categorized the injury under Category E(i), which covers disabilities arising from specially notified operations. The court emphasized that the harsh conditions of the Siachen Glacier, a high-altitude area, contributed to the injury, making it attributable to military service.
Furthermore, the court upheld the Tribunal's decision to round off the disability percentage from 20% to 50% for calculating the pension. This conclusion was supported by precedent cases, including the Supreme Court's judgment in Union of India v. Ram Avtar, which established that rounding off is applicable irrespective of the circumstances under which a service member leaves the military, provided the disability is linked to service.
The judgment reaffirmed that Singh was fit at the time of his enrollment and the injury was sustained during his service, thereby entitling him to the pension benefits. The court found no merit in the Union of India's petition and dismissed it, thereby supporting the Tribunal's original decision.
Bottom Line:
Armed Forces personnel suffering disability attributable to military service while posted in operational area entitled to war injury pension, including rounding off of disability percentage as per settled law.
Statutory provision(s): Armed Forces Tribunal Act.
Union of India v. Ex. Naik Balbir Singh, (Punjab And Haryana)(DB) : Law Finder Doc id # 2913634
