Sanjha Morcha

Centre directed to pay enhanced benefits to disabled Indo-Pak war hero

The injured officer had sustained 80 per cent disability and lost an eye in the war, but had not been granted enhanced benefits by ‘broad-banding’ of disability percentage in accordance with a policy introduced by the central government with effect from 1996

Vijay Mohan Tribune News Service


Centre directed to pay enhanced benefits to disabled Indo-Pak war hero

The injured officer had sustained 80 per cent disability and lost an eye in the war, but had not been granted enhanced benefits by ‘broad-banding’ of disability percentage in accordance with a policy introduced by the central government with effect from 1996

Vijay Mohan Tribune News Service
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For unnecessarily challenging an Armed Forces Tribunal (AFT) order in favour of a disabled war hero, the Punjab and Haryana High Court has directed the central government to pay an additional 15 per cent interest on the arrears of war injury pension to Capt Reet MP Singh, who was decorated with the Vir Chakra in the 1965 Indo-Pak War.

The injured officer had sustained 80 per cent disability and lost an eye in the war, but had not been granted enhanced benefits by ‘broad-banding’ of disability percentage in accordance with a policy introduced by the central government with effect from 1996.

The high court bench, comprising Justice Sanjeev Prakash Sharma and Justice Meenakshi Mehta, expressed shock that a war hero was being dragged into litigation, despite the issue being settled by the apex court. The bench was also dismayed that the 2018 judgment passed by AFT was being challenged. Furthermore, the court directed that additional interest be recovered from the officers responsible for delaying the payment to the war hero.

The Ministry of Defence (MoD) had earlier granted enhanced benefits only to invalidation cases post-1996, denying them to pre-1996 cases. Additionally, those who were released with disability pension or war injury pension upon completion of their term, voluntary retirement, or superannuation were also refused these benefits.

The Supreme Court had however struck down the cut-off date and quashed the distinction based on the manner of exit from service and had directed the payment of benefits with arrears from 1996 with 8 per cent interest to all affected disabled retirees.

On the non-implementation of the orders, various high courts and the tribunal had directed the authorities to release the benefits, but the financial wing of MoD directed the Army to challenge such orders. This resulted in strictures and strong observations by the high courts as well as the Supreme Court, which expressed their displeasure on disability pension verdicts being challenged by the Army.

Earlier this month, the Supreme Court had expressed anguish towards the Army challenging disability benefits of a disabled veteran. In December 2024, costs of Rs 50,000 were imposed on the Army and MoD in another case for challenging the pension of a military widow.

In March 2024, a soldier who had contracted HIV but had been refused disability pension by the Army, and then AFT, was granted pension along with a compensation of Rs 50 lakh by the Supreme Court.