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ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR

29.

OA No 486/2023 with MA No 883/2023

No-3192070N Ex Hav Chandgi Ram Muhal, S/o Sh. Shyal

Lal (through wife Neelam Devi), R/o VPO-Bayariya,

Tehsil-Nawalgarh, District-Jhunjhunu (Raj) …. Applicant

Versus

1. Union of India, represented by Secretary, Ministry of

Defence, South Block, New Delhi - 110011

2. The PCDA (P),Allahabad (UP) – 211014

3. The OIC Records, Records The Jat Regiment, …. Respondents

PIN-900496, C/o 56 APO

For Applicant : Mr. Sunil Kumar, Advocate

For Respondents : Mr.Arun Kumar, Advocate

CORAM:

HON’BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)

HON’BLE MR. SANJIV MITTAL, MEMBER (A)

O R D E R

28.01.2026

1. By way of this Application under Section 14 of the Armed Forces Tribunal

Act 2007, the Applicant has filed this OA praying for directing the Respondents

to grant War Injury Pension for life instead of Disability Pension wef 17.05.2016

instead of Disability Pension and that the arrears be paid along with interest @

12% per annum.

2. The brief facts as enunciated by the Applicant are that the Applicant was

enrolled in the Army on 08.01.1999 and after rendering 17 years, 4 months and

9 days of service, he was invalided out of Service on 16.05.2016 on medical

grounds for which he has been granted Disability Pension @100% for life wef

17.05.2016. While deployed in Op Falcon at Lungar Post, Ahirgarh (Arunachal

Pradesh) as part of NETF (Non Engineer Tast Force) in High Altitude Area, on

26.04.2014, the Applicant reported breathlessness followed by headache and

vomiting and was treated at 155 Base Hospital, Tezpur and Command Hospital,

Kolkata and after prolonged treatment, he was invalided out of service on

16.05.2014 on medical grounds due to diseases viz., (i) High Altitude Cerebral

Oedema, (ii) B/L PCA and Posterior Circulation Stroke (Infract) and (iii) B/L

OA No 486/2023 Ex Hav Chandgi Ram Muhal (through wife Smt Neelam Devi) Vs UOI & Ors

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Mallunited Subtrochanteri C Fracture with Myositis Ossificans. The duly

constituted Invaliding Medical Board assessed Composite Disability @ 100% and

considered the disabilities as Attributable to and Aggravated by Military Service

with Constant Attendant Allowance (CAA). The Applicant has been granted

Disability Pension and CAA instead of War Injury Pension. The Applicant submits

that he suffered from the illness in High Altitude Area due to extreme climatic

conditions and consequently was invalided out of service on medical grounds,

hence, he is eligible for grant of War Injury Pension in terms of Para 5(f) of AO

5/2020/MP. The Applicant made representations and also issued Legal Notice

for grant of War Injury Pension instead of Disability Pension but to no avail.

Therefore, the aggrieved Applicant has filed present OA.

3. The Respondents filed a detailed reply to the Application and while not

disputing the basic facts presented by the Applicant, they have submitted that as

per Para 4(iii) of SAO 8/S/58, an injury sustained due to natural calamities at the

time of performance of operational duty/movement whilst in action against

enemy forces is to be treated as a Battle Casualty. Para (ii) of SAO 8/S/85 lays

down that casualties in fighting against armed hostilities and those whilst in aid

of civil power to maintain internal security are classified as Physical Casualty for

Statistical purposes, but are treated as Battle Casualties for financial benefits.

As per Para 27 of ibid SAO, initial and detailed reports were required to be

initiated on occurrence of battle casualty. Since no record is found in the field

service documents, hence, his case can be considered for War Injury only after

classification of injury of the Applicant as Battle Casualty. In the instant case,

neither Battle Casualty Certificate nor Part II Order regarding Battle Casualty are

found in his service documents. On receipt of personal application dt 29.12.2022

from the Applicant, Physical Casualty Certificate was issued to the Applicant vide

Records The JAT Regiment letter dt 09.08.2023 and it als