Don’t discriminate between soldiers injured in pre and post-independence wars, Armed Forces Tribunal

In a landmark decision, the Chandigarh Bench of the Armed Forces Tribunal (AFT) has held that there cannot be any discrimination in disability benefits between soldiers injured in pre-independence and post-independence wars..The decision was rendered by a Bench comprising Justice Bansi Lal Bhat and Lt. General Sanjiv Chachra in a case filed by one Sowar Amar Singh of the Armoured Corps..Singh had approached AFT with a plea that despite having been injured during WWII, he was being paid regular ‘disability pension’ and not ‘war injury pension’, which is granted to soldiers disabled in operational areas..Singh had averred that it made no difference that soldiers were fighting for the British Crown during those times since World War II was a war of humanity against fascist forces and the same British Indian Army was inherited by the post-independence Indian Army with effect from 15th August 1947. Also, the Governments of India and Pakistan had assured the British Government of taking care of all such cases and had also taken over the serving soldiers and pensioners of pre-independence India..Amar Singh in his petition had stated that though he was being paid disability pension as per existing Government rules and rates, he was being refused the payment of war injury pension..The Government had, however, rebutted the contentions of Amar Singh on the ground that when war injury pension was initially introduced, it was made applicable only to post-independence wars and disabilities in international ‘peace keeping missions’. The concept of war injury pension to disabilities incurred in ‘international wars’ was introduced only in January 1996 vide a letter issued in 2001 but since the soldier was a pre-1996 retiree, the said benefit could not be granted to him..Holding Amar Singh entitled to War Injury Pension, the AFT has held that such discrimination could not be perpetrated by distinguishing between injuries suffered in various wars. The Bench also reminded the Government that the cut-off date of 1996 in the Government letter had already been struck down by the Supreme Court and hence the same could not be used to deny such benefits..The AFT, therefore, held that Amar Singh is entitled to war injury pension with effect from January 1996..Importantly, the AFT has also directed the Government to show magnanimity and identify similarly placed soldiers and release their benefits without forced litigation.