A 40-Year-Old Debt: AFT Directs Centre to Pay Arrears to War Hero

AFT calls the Centre “apathetic,” directs it to pay war hero arrears of 40 years.

Retired Major Jasbir writes stating that he would be eligible for a war injuries pension.

(Photo Courtesy: Bar and Bench)

Almost 40 years after he was invalidated out from service, a retired Major of the army will now receive arrears of a war injury pension, after the Chandigarh Bench of the Armed Forces Tribunal (AFT) pulled up the Central government for its “complete lack of empathy.”

Major Jasbeer Singh had his right foot blown off up to the ankle and lost sight in his left eye during an operation to clear a mine field in Sikkim. The incident occurred in 1966, but Major Singh continued to serve in the Indian Army until 1978, when his injuries had become aggravated.

At this point, he was invalidated from service, but was granted a disabilities pension as opposed to a war injury pension.

The Major made representations in late 2012 and early 2013, stating that he was eligible for a war injury pension since his invalidation in 1978, and that he was entitled to arrears.

The authorities wrote back to him in August 2016 stating that he would be eligible for a war injuries pension from the date of the representation made by him in 2013, and not since his invalidation in 1978.

After the receipt of this communication, the Major made a further representation in 2016, which received no response. At this point, he chose to approach the AFT.

The bench of judicial member Justice MS Chauhan and Administrative Member Lt Gen Munish Sibal termed the government’s handling of the situation “a glaring instance of official apathy and indifference…”

Renu Bala Sharma, a senior panel counsel representing the Union of India, had argued that the petitioner had been eligible for a war injury pension via the Ministry of Defence letter dated February 1972, and the Government of India letter dated October 1987.

It was added that he would have got his due had he appealed earlier, and the fact that he was approaching the tribunal after 36 years was highlighted. It was argued that his service records had been weeded out in the interim period. However, at no time was there any dispute about the fact that the Major was a battle casualty.

The argument that the Major had approached the tribunal very late and that he was entitled to only three years’ arrears as a consequence left the bench “flabbergasted.”

The bench observed:

...the respondents have approached the issue of release of arrears to him in a stone-hearted and headstrong fashion... It is, to say the least, improper on the part of the Union of India to plead the bar of limitation against such claim of a soldier who would have better died than survive with 100% disability earned by him while serving the nation.

Therefore, the AFT held that the Major would be entitled to war injury pension for the period between September 1978 and July 2013.

Apart from the arrears, the Major will receive 9 percent per annum in interest until the date the arrears are cleared, as well as Rs 30,000 in costs for being forced to engage in unnecessary litigation by the respondents.

Read the order here.

(This story was first published on Bar and Bench and has been re-published here with permission.)

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