Vijay Mohan

Tribune News Service

Chandigarh, May 1

For a decorated Army Major who lost a leg and an arm in demining operations along the India-China border over half a century ago, it has been a long and torturous battle spanning decades to get his rightful pensionary benefits.Badly wounded while clearing mines in the Sikkim Sector in July 1966, for which he was awarded the Sena Medal for gallantry and declared a battle casualty, Maj Jasbeer Singh was discharged from the Army in September 1978 after aggravation of his injuries made it impossible for serving further. However, he was granted disability pension instead of the higher war injury pension.After concerted efforts, the government sanctioned him war injury pension in August 2016, but implemented it with effect from July 2013, the date of one of his representations rather than from the date of his invalidation. Aggrieved over denial of arrears, the officer, now in his mid-70s, again represented before the government, but to no avail.Holding that he was entitled to arrears of war injury pension along with interest from the date of his discharge till the time it was finally sanctioned, the Chandigarh Bench of the Armed Forces Tribunal last week ruled that not only have the dues been wrongfully withheld, but it was also improper on the government’s part to plead against the claim of the soldier who would have better died than survive with 100 per cent disability.The bench, comprising Justice MS Chauhan and Lt Gen Munish Sibal, termed the government’s attitude as “stone-hearted” and “headstrong”, saying the officer had undoubtedly suffered a lot.Drawing support from a 2016 Supreme Court judgment, the bench observed that restriction of arrears to three years, as sought by the government, has been disapproved by the apex court in somewhat similar circumstances. While also awarding him costs of Rs 30,000 for unnecessary and avoidable litigation forced upon him, the bench said it was a sad commentary on how a valiant soldier had been made to run from pillar to post.AFT rues ‘complete lack of empathy’We note with regret, dismay that the authorities responsible for implementing such policies exhibit complete lack of empathy. AFT’s Chandigarh Bench