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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
SANJEEV KUMAR, SANJAY PARIHAR
Raghbir Singh – Appellant
Versus
Union of India through its Secretary to Government of India, Ministry of Defence, New Delhi – Respondent
JUDGMENT :
Sanjeev Kumar, J.
1. One Raghbir Singh, a retired soldier of Indian Army is before us in this petition, filed under Article 226 of the Constitution of India, to throw challenge to an order and judgment dated 16th May, 2023 passed by the Armed Forces Tribunal, Regional Bench Srinagar at Jammu [“the Tribunal”] in OA No.230/2022 titled Ex Nk Raghbir Singh v. Union of India and others, whereby the Tribunal has dismissed the OA of the petitioner, which was filed primarily to seek a direction to the respondents to grant him war injury element of pension instead of disability element w.e.f. 01.07.1994.
2. Briefly stated, the facts leading to the filing of this petition, as can be culled out from the pleading of the parties and the order impugned, are that the petitioner was enrolled in Indian Army (Punjab Regiment) on 26.11.1977. While serving with 16 Punjab, the petitioner sustained gut shot injury on his left hip at Rupa Post due to negligent handling of weapon by L/Nk Prem Pal of the same Regiment. The Court of Inquiry proceedings conducted in the matter concluded in returning an opinion that the injury sustained by the petitioner was attributable to military service in field
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 ....
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....
An injury sustained while commuting within the unit is considered attributable to military service, justifying the grant of a disability pension.
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