Soldier Injured While Collecting Kerosene Oil During 'Operation Rakshak' Entitled To War Pension: Punjab & Haryana High Court

Reaffirming the rights of military personnel, the Punjab and Haryana High Court has held that a soldier who sustained injuries while collecting kerosene oil during 'Operation Rakshak' is entitled to a war injury pension.

"Operation Rakshak" was the Army's counter insurgency and counter terrorism operation in Jammu and Kashmir which began in 1990,

Justice Sanjeev Prakash Sharma and Justice Meenakshi I. Mehta opined that, “once a working party is detailed for collection of kerosene oil and they proceed on a Government vehicle it would be a part of the 'Operation Rakshak' and it cannot be said that the work of collecting kerosene oil which is of course given for the purpose of 'Operation Rakshak' which is a sort of exercise, has to be treated as a part and parcel of the said exercise."

The Court added that, any injury caused to any person which is of nature of causing permanent disability or death, "would invite War Injury Pension or War Death Pension as the case may be."

The Court was hearing the plea filed by the Union Government challenging the order of the Armed Forces Tribunal which had allowed the application of the the soldier claiming the War Injury Pension based on the provisions contained under letter issued in 2001.

Counsel for the petitioners submitted that the AFT has committed an error in treating the injury to have been caused while erred in Category E sub-clause (i)-Operations specifically notified by the Government from time to time.

He submitted that the disability of fracture C5 burst fracture with traumatic quadriplegia (OPTD) occurred in a simple accident while he was a member of working party for collecting kerosene oil and thus, it cannot be said to be a war injury or an injury caused during operation.

After examining the submission, the Court noted the provisions of the letter dated 31.01.2001 and found that in terms of Category E war pension would be available if the death or disability arose as a result of factors mentioned therein.

Speaking for the bench Justice Sharma stated that one of the factum is disability stood death arising as a result of operation specially notified by the Government from time to time.

"It is an admitted position that when the applicant-respondent No.1 suffered injuries 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 gipsy occupied by him skidded," added the bench.

Consequently, the Court dismissed the Union's plea and said that "the AFT has correctly interpreted the said provisions and proceeded to grant War Injury Pension w.e.f 21.09.2012 for life along-with attendant allowance as applicable to the concerned applicant."

 Mr. Akash Vashisth, Advocate Central Govt. counsel for the petitioners-UOI

Title: Union of India and others v. Ex. Sep. B Rama Krishna and another

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