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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
SANJEEV KUMAR, SANJAY PARIHAR
Devinder Singh – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petitioner's hearing loss from rocket launcher in op rakshak area. (Para 1 , 2 , 3) |
| 2. disability in counter-insurgency not war-like; only disability pension. (Para 4) |
| 3. mod policy: war injury pension for category e disabilities on retention. (Para 5 , 6 , 7) |
| 4. rocket illumination firing is live ammo demonstration under category e(f)(ii). (Para 8 , 9 , 10) |
| 5. grant war injury pension replacing disability pension with interest. (Para 11 , 12) |
ORDER :
Sanjeev Kumar, J.
1. Impugned in this petition filed under Article 226 of the Constitution of India is an order and judgment dated 10.04.2023 passed by the Armed Forces Tribunal, Regional Bench Srinagar at Jammu (hereinafter referred to as, “the Tribunal”) in OA No. 73/2022 titled, “ Ex Hav. Davinder Singh Vs. Union of India and ors. ”, whereby the Tribunal has dismissed the OA of the petitioner, seeking war injury element of disability pension.
2. Before we advert to the grounds of challenge urged by learned counsel for the petitioner, it would be appropriate to take note to few facts, as are relevant to the disposal of this petition.
3. The petitioner was enrolled in the Army, Infantry on 01.05.1991 in medical category SHA
Disability from rocket launcher firing for illumination in counter insurgency operational area qualifies as war injury under MoD order Category ‘E’(f)(ii), entitling personnel retained in service to ....
Disability pension eligibility requires the disability to be attributable to or aggravated by military service, and claims must adhere to statutory limitation periods.
The classification of an injury as a 'Battle Casualty' allows a military personnel to claim a war injury pension upon repayment of previously received compensation, emphasizing a liberal interpretati....
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