Union Govt Should Proactively Grant War Injury Pension To Soldiers Rather Than Expect Them To Raise Claims: Punjab & Haryana High Court

The Punjab and Haryana High Court has said that the Union Government should take a proactive approach in granting war injury pension to soldiers, rather than expecting them to initiate claims.

The Court refused to accept Union's argument that the claim was raised after a delay of 48 years.

Justice Harsimran Singh Sethi and Justice Vikas Suri said, "Once, it is a conceded fact that respondent No.1 (soldier) suffered injury while participating in the Indo-Pak War in the year 1971, which fact has been confirmed by the Medical Board as well and the said disability was a reason for invalidating respondent No.1 (soldier) from service, the Government should have come forward on its own to grant the said benefit of war injury pension was to such disabled soldier rather than expecting soldier to raise the claim for the entitlement."

The Court was hearing the plea filed by Union Government challenging the Armed Forces Tribunal's order whereby it directed to decide the claim of war injury suffered in the Indo-Pak War in the year 1971.

After hearing the submissions, the Court noted that "the plea of delay of 48 yeras is taken by the Union of India to deny a benefit of pension to the soldier, who while fighting for the nation in the Indo-Pak War in the year 1971, suffered the disability, which fact has gone unrebutted."

The Court observed that, "Rather than rewarding the soldier or taking care of the injured soldier, the objection has been taken that the delay of 48 years should debar the entitled claim of respondent No.1 under law for war injury pension."

It noted that the solider had also approached the High Court seeking direction to implement the direction passed in 2023 whereby it had asked to release the arrears.

In the light of the above, the Court directed to release the benefits in soldier's favour as awarded by the Tribunal, within a period of eight weeks from the date of receipt of this order, "failing which, in case any contempt proceedings are initiated, strict view will be taken against the defaulting officer concerned."

Mr. Vishal Garg, Senior Panel Counsel, for the petitioner- Union of India.

Title: UNION OF INDIA v. NISHAN SINGH AND ORS

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