##PAGE1##

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

108 CWP-2617-2026 (O&M)

Decided on : 31.01.2026

UNION OF INDIA AND OTHERS . .Petitioners

Versus

HARMINDER PAL SINGH AND ANOTHER . . . Respondents

CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI

HON'BLE MR. JUSTICE VIKAS SURI

PRESENT: Mr. Naveen Gupta, Senior Panel counsel

for the petitioners- UOI.

****

HARSIMRAN SINGH SETHI, J. (Oral)

1. In the present petition, the challenge is to the impugned orders

dated 17.02.2023 (Annexure P-1) and 01.08.2024 (Annexure P-2) passed by

respondent No.2 – Armed Forces Tribunal, Regional Bench, Chandigarh

(hereinafter referred to as ‘the Tribunal), by which, benefit of War Injury

pension w.e.f. 01.01.2007 has been granted in favour of respondent No.1.

2. Learned counsel appearing on behalf of the petitioners submits

that, keeping in view the facts and circumstances of the present case, the

grant of benefit of war injury pension is not covered as, the officer though

received the injury in Operation Rakshak, but it was received due to a vehicle

accident hence, the same cannot be treated as battle causality/injury.

Learned counsel for the petitioners further argues that under any

circumstances, even if the injury suffered by the respondent No. 1 is treated

to be attributable to the military service, the benefit of war injury pension

cannot be granted to the respondent No. 1 as, the grant of the said benefit is

contrary to the instructions, which have been issued by the Government of

India, circulated vide letter dated 31.01.2001.

1 of 6

::: Downloaded on - 15-02-2026 20:08:59 :::

CWP-2617-2026 (O&M) -2-

3. Learned counsel for the petitioners places reliance upon the

report of medical examination of the respondent No. 1 to hold that though

the injury of (i) Fracture Humerus Distal (ii) Inter Trochanteri Fracture Lt

Femur has been found to be existing in respondent No.1, but the said

disability as assessed by the Medical Board @ 30% (composite) for life was

held to be attributable to the military service and hence, the grant of benefit

of disability pension along with the benefit of rounding off 50% as against

30%to respondent No. 1 by placing reliance upon the judgment of Tribunal

in Union of India and others vs. Ram Avtar, 2014 SCC Online SC 1761 ,

and upon the category E(i) of the notification issued by Government of india

circulated vide letter dated 31.01.2001 is arbitrary and illegal. Learned

counsel for the petitioners further submits that even the benefit of rounding

off of disability pension has been wrongly granted to respondent No. 1.

4. We have heard the learned counsel for the petitioners and have

gone through the case file with their able assistance.

5. It is a conceded fact that the Operation Rakshak in the State of

Jammu and Kashmir was specifically notified by the Government of India as

an operation. The injury namely Closed Head Injury and Fracture LT

Femuere leading to the disability to the extent of 30 % (Composite) have

admittedly been received by the respondent in a vehicle accident near the

International Boarder during Operation Rakshak, hence, the injury suffered

by respondent No. 1 is not only been treated to be attributable to the military

service but also, the same was assessed to have occurred while performing

the bonafide military duty that too during the time when operation rakshak

was going on. Once, the said fact has been conceded, it cannot be said that

the injury suffered by respondent No.1 did not happen while performing the

duties in an operational area so as treat are same as non-attributable to

2 of 6

::: Downloaded on - 15-02-2026 20:08:59 :::

CWP-2617-2026 (O&M) -3-

military service, which operation Rakshak has been ordered to be carried out

by the Government of India.

6. Hence keeping in view these facts, coupled with the instructions

dated 31.01.2001 which have been issued by the Government of India, copy

of which has been appended as Annexure P-1, the injury suffered by

respondent No.1 is to be treated under category E(i), which is repr