The Punjab and Haryana High Court has dismissed a petition filed by the Union of India challenging an order of the Armed Forces Tribunal (AFT) that granted war injury pension benefits to a retired Army soldier who suffered frostbite while serving in the Siachen Glacier operational area.
The court strongly criticised the Union Government’s contention that the injury sustained by Ex-Naik Balbir Singh during Operation Meghdoot in Siachen could not be attributed to military service.
“It is very unfortunate to note that the petitioners-Union of India have termed an injury suffered by a soldier in an operational area while being posted in Operation Meghdoot in Siachen Glacier as not attributable to military service," a Division Bench, comprising Justice Harsimran Singh Sethi and Justice Deepak Manchanda, observed.
The High Court upheld the Armed Forces Tribunal’s order dated March 8, 2019, directing the authorities to grant Balbir Singh the benefit of war injury pension with rounding off of disability pension to 50 per cent, instead of the 20 per cent disability initially assessed.
According to the Union of India, although the soldier was posted in an operational area and was performing operational duties, the disability caused by frostbite to his left index finger should not be treated as attributable to military service. The government argued that the soldier ought to have exercised greater care while discharging his duties in the operational zone and, therefore, the injury could not be categorised as a battle casualty or battle injury.
The Union also challenged the Tribunal’s decision to extend the benefit of rounding off the disability element of the war injury pension.
Rejecting these arguments, the Bench noted that Balbir Singh had sustained the injury while serving in one of the world’s most inhospitable and high-altitude military deployment zones.
The judges observed that the frostbite injury, resulting in a 20 per cent disability, was admittedly suffered while the soldier was posted in the operational area of Siachen Glacier under Operation Meghdoot. The court held that the injury was not only attributable to military service but had also occurred during the performance of bona fide military duties.
“The contention of the petitioners that the said injury cannot be attributed to military service cannot be accepted," the Bench said.
Finding no legal or factual infirmity in the Tribunal’s order, the High Court ruled that there was no ground for interference and dismissed the writ petition.
The judgment is expected to reinforce protections available to armed forces personnel who suffer disabilities while serving in operational and high-risk military environments.
