ARVIND KUMAR SUHAG Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner seeks appropriate directions, in these proceedings, to the respondents, to grant him war injury pension, in accordance with the extant guidelines and circulars on the subject.

(2.) The facts, which are not in controversy, are that the petitioner was working in the Indian Army from 7-6-1997, when he received his permanent commission. In June, 1999, he was posted to 402 Lt. AD Regt, at Batalik sector during "Operation Vijay" at Kargil. As an active participant, he was later awarded Operation Vijay Medal and Operation Vijay Star. On 23-10-2000, whilst on duty, during operational move from Batalik to Leh, his jeep met with an accident. He was unconscious and was moved to the Military hospital. The Court of Inquiry instituted into the incident found that this injury was attributable to military service in Operational/ high altitude area. The injury left him with a permanent (100%) disability. After unsuccessful attempts at treatment, he was discharged from service with effect from 19-3-2005. He was, however, given terminal benefits and 100% disability pension, in addition to the other admissible retiral benefits.

(3.) The petitioner's claim for grant of war injury pension was recommended by his unit, by letters dated 6th July, 2007. His complaint is that even though the Adjutant General's office twice accepted his request, recommending his case for war injury pension, ultimately, after several reminders, the respondents finally rejected it, on the plea that he did not incur disability during war or war like operation, in terms of the applicable guidelines and circulars but that his disability was on account of an accident whilst on duty, for which he was given disability pension.