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Soldiers injured before Independence entitled to war injury pension: AFT

The Armed Forces Tribunal (AFT) has ordered that troopers injured in pre-Independence wars be given ‘war injury pension‘ like those wounded after it, in a relief to a 94-year-old war veteran.

Seeking to end the discrimination in injury benefits to soldiers injured in pre-Independence and post-Independence wars, the Chandigarh Bench of the tribunal said they should be treated equally. The AFT has also directed the government to identify similarly placed soldiers and release their benefits without forced litigation.

Bhiwani-based 94-year-old Sowar Amar Singh of the Armoured Corps had approached the AFT with a plea that despite having been injured during World War II, he was being paid regular disability pension.

The government resisted Singh’s claim, saying when war injury pension was initially introduced, it was applicable only to post-Independence wars and disabilities in international peacekeeping missions.

The concept of war injury pension for 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.

The bench in its last week’s order reminded the government that the cut-off date of 1996 in the government letter had already been struck down by the Supreme Court. Hence, the same could not be used to deny such benefits.

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