Punjab-Haryana High Court
Union Of India And Ors vs Avtar Singh And Anr on 26 February, 2026
Bench: Harsimran Singh Sethi, Vikas Suri
CWP-5987-2026 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(110) CWP-5987-2026
Date of Decision : February 26, 2026
Union of India and others .. Petitioners
Versus
NK Avtar Singh and another .. Respondents
CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
HON'BLE MR. JUSTICE VIKAS SURI
Present: Mr. Harkirat Singh Sandhu, Advocate, for the petitioners.
HARSIMRAN SINGH SETHI J. (ORAL)
1. In the present petition, the challenge is to the impugned order dated 31.10.2023 (Annexure P-1) passed by respondent No.2 - Armed Forces Tribunal, Regional Bench, Chandigarh (hereinafter referred to as 'the Tribunal), by which, the respondent is held entitled to the grant of War Injury Pension @ 30% instead of normal disability pension.
2. Learned counsel appearing on behalf of the petitioners submits that the grant of benefit of war injury pension by the Tribunal is not covered as, the officer though received the injury during continuance of Operation Rakshak, but it was received due to a vehicular 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 1 of 5 ::: Downloaded on - 07-03-2026 01:22:21 ::: CWP-5987-2026 2 instructions, which have been issued by the Government of India, circulated vide letter dated 31.01.2001.
3. Learned counsel for the petitioners places reliance upon the report of medical examination of the respondent No. 1 to contend that though the injury of Prolapse Disc L 4-5 (OPTD) OLD v-67 has been found to be existing in respondent No.1, but the said disability as assessed by the Medical Board @ 30% for life was held to be attributable to the military service and hence, the grant of benefit of War Injury Pension to respondent No. 1 by placing reliance upon the category E(i) of the notification issued by Government of India circulated vide letter dated 31.01.2001 is arbitrary and illegal.
4. We have heard learned counsel for the petitioners and have gone through the case file with his 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 Prolapse Disc L 4-5 (OPTD) OLD v-67 leading to the disability to the extent of 30% has admittedly been received by the respondent No.1 in a vehicular accident during Operation Rakshak, hence, the injury suffered by respondent No. 1 has 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 military service, which operation Rakshak has 2 of 5 ::: Downloaded on - 07-03-2026 01:22:22 ::: CWP-5987-2026 3 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, the injury suffered by respondent No.1 is to be treated under category E(i), which is reproduced as under:-
"Category - 'E'
(a) enemy action in international war.
(b) action during deployment with a peace keeping mission abroad.
(c) border skirmishes.
d) during laying or clearance of mines including enemy mines as also minesweeping operations.
(e) on account of accidental explosions of mine while laying operationally oriented mine-field or lifting or negotiating minefield laid by the enemy or own forces in operational areas near international borders or the line of control.
(f) War like situations, including cases which are attributable to/aggravated by:-
(i) extremists acts, exploding mines etc, while on way to an operational area
(ii) battle inoculation training exercises or demonstration with live ammunition.
(iii) kidnapping by extremists while on operational duty.
(g) An act of violence/attack by extremists, anti-social elements etc.
(h) Action against extremists, anti-social elements etc. Death/disability while employed in the aid of civil power in quelling agitation, riots or revolt by demonstrators will be covered under this category.
(i) Operations specially notified by the Govt. From time to time."
7. A bare perusal of the above would show that the injury suffered by the respondent No. 1 is attributed to military service while being posted under 'Operation Rakshak'. That being so, the claim for the grant of war injury pension will be covered under category E, which stipulates the situations as to when the benefit of war injury pension is to be granted as has been granted by the Tribunal.
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8. The same issue has been settled by the Hon'ble Supreme Court of India in Ram Avtar's case (supra), wherein it has been held that any officer serving in the Armed Forces, who had undergone the medical examination at the time of his/her enrolment and was found fit, is subsequently found to be suffering with a disability, is entitled to the benefit of disability pension by rounding off the same as the presumption would be in favour of such employee, that the disability suffered during the service is attributable to the Military service. Relevant paras of the judgment in Ram Avtar's case (supra) are as under:-
"4. By the present set of appeals the appellant(s) raise the question, whether or not, an individual, who has retired on attaining the age of superannuation or on completion of his tenure of engagement, if found to be suffering from some disability which is attributable to or aggravated by the military service, is entitled to be granted the benefit of rounding-off of disability pension. The appellant(s) herein would contend that, on the basis of Circular No. 1(2)/97/D(Pen-C) issued by the Ministry of Defence, Government of India, dated 31.01.2001, the aforesaid benefit is made available only to an Armed Forces Personnel who is invalidated out of service, and not to any other category of Armed Forces Personnel mentioned hereinabove.
5. We have heard learned counsel for the parties to the lis.
6. We do not see any error in the impugned judgment(s) and order(s) and therefore all the appeals which pertain to the concept of rounding-off of the disability pension are dismissed, with no order 4 of 5 ::: Downloaded on - 07-03-2026 01:22:22 ::: CWP-5987-2026 5 as to costs.
7. The dismissal of these matters will be taken note of by the High Courts as well as by the Tribunals in granting appropriate relief to the pensioners before them, if any, who are getting or are entitled to the disability pension."
8. Keeping in view the facts and circumstance of the present case, that it was only during the continuance of Operation Rakshak period that respondent No.1 was found to be suffering from disability of Prolapse Disc L 4-5 (OPTD) OLD v-67, that being so, the said disability has to be attributed to the military service and therefore, Tribunal has rightly granted the benefit of war injury pension to the respondent No.1.
9. No further arguments raised.
10. Hence, in the absence of any perversity being pointed out in the impugned order dated 31.10.2023 (Annexure P-1) either on the basis of the facts or the settled principle of law, no ground is made out for any interference by this Court in the facts and circumstances of the present case and the writ petition is accordingly dismissed.
11. Pending application(s), if any, stands disposed of.
(HARSIMRAN SINGH SETHI)
JUDGE
February 26, 2026 (VIKAS SURI)
harsha JUDGE
Whether speaking/reasoned : Yes
Whether reportable : No
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