Soldier hurt on kerosene collection duty in J&K entitled to war injury pension: High court
Jammu and Kashmir
region is entitled to a war injury classification—thereby qualifying for a disability pension.
"Once a working party is detailed for collection of kerosene oil and they proceed on a govt vehicle it would be a part of 'Operation Rakshak'…. Any injury caused to any person, which is of the nature of causing permanent disability or death, would invite war injury pension or war death pension as the case may be," the high court has held.
"Operation Rakshak" is the Army's ongoing counter insurgency and counter terrorism operation in Jammu and Kashmir.
A division bench comprising Justice Sanjeev Prakash Sharma and Justice Meenakshi I Mehta has passed the orders while dismissing a petition filed by the Central govt. In its plea, the Centre had challenged the order dated May 17, 2023, passed by the Chandigarh bench of Armed Forces Tribunal (AFT) in which it had allowed the application filed by former Sepoy B Rama Krishna for claiming the war injury pension. The benefits were allowed to him from 2012 when the incident took place.
The govt contended that the AFT has misinterpreted the rules because the soldier had injuries in a simple accident while he was a member of the working party for collecting kerosene oil and thus, it cannot be said to be a war injury or an injury caused during the operation.
After hearing the plea, the HC observed that it is an admitted position that when the applicant (Sepoy B Rama Krishna) suffered injuries, the operation had been notified in the area and while being a member of the working party detailed for collection of the kerosene oil, the accident occurred, and the Gypsy occupied by him skidded.
"We find that the AFT has correctly interpreted the said provisions and proceeded to grant war injury pension, w.e.f Sept 21, 2012, for life along-with attendant allowance as applicable to the concerned injured soldier," the HC has held while dismissing the Centre's petition. The case was heard on July 1 and a copy of the order released on Thursday.
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