Satya Prasad Nawani vs Union Of India And Others

Vide this OA, the applicant claims war injury element of pension w.e.f. the next date of his invalidation. i.e., 18.08 1988. The facts germane to the

filing of the OA are that the applicant was enrolled in the Garhwal Rifles of Indian Army on 11.08.1962. After being imparted with the necessary

training, he was posted on the strength of 11 Garhwal Rifles of Indian Army and was later deployed in OP PAVVAN at Srilanka. He was wounded

(Gun Shot Wound) in action on 15.12.1987 and the same was published in 11 GARH RIF Part II Order No. 040/03/1987 dated 17.12.1987

On 04.03.2016 the applicant discovered that he was not getting the correct pension. A personal application was made to respondent No.4

requesting War Injury Pension.

Vide letter dated 31.03.2017, the respondents informed to respondent No.5 that on scrutiny of applicant's service documents. it is found that he was

a 'Battle Casualty Soldier' but he was granted normal disability element instead of War Injury Element. All medical documents along with sheet roll

were forwarded to respondent No.5 but respondent No.5 has not granted the same. As such, present OA.

In the counter affidavit, the respondents have, infact. admitted the entire case of the applicant and it is submitted that the applicant who was

enrolled in the Army on 11.08.1962 was invalided out from service w.e.f .17.08.1988 with disabilities (i) 'GSW COMPOUND FRACTURE LOWER

END TIBIA, FIBULA, TALUS (LEFT) AND (ii) GSW COMPOUND FRACTURE CLAVICLE (LEFT) N-823, N-824, N-810, E- 991"".

A legally duly constituted Medical Board was held on 21.07.1988 at Military Hospital. Lansdowne, which assessed his degree of disability @ 60%

for life and declared it to be attributed to military service. The applicant was granted disability element @ 60% for 10 years w.e.f. 18.08.1988 to

20.07.1998. The Resurvey Medical Board was held on 01.05.1998 and his disability was assessed @ 60% for life. However, the Medical Advisor

(Pension) attached to the Chief Controller of Defence Accounts (Pension) Allahabad, assessed disability @ 40% for five years w.e.f. 21.07.1998 to

30.04 2003. The appeal preferred by the applicant succeeded and he was granted disability pension @ 60% for life w.e.f. 21.07.1988 along with the

benefit of broad banding. Thereafter, an application dated 04.03.2016 was received by Records the Garhwal Rifles from the applicant for grant of

War Injury Element. On scrutiny of documents. it was found that applicant was a 'Battle Casualty' but was granted normal disability element instead

of War Injury Element. Details have been given as to how thereafter, the matter is being submitted /re-submitted to PCDA explaining the

circumstances to rectify the observation but the matter is still not finalised.

Keeping in view the fact that as per the case of the respondents themselves as per record, the applicant was a 'Battle Casualty'. After checking the

Battle Casualty Register maintained at Records The Garhwal Rifles, it was found that the name of applicant is recorded at Serial No.66 and Part II

Order No. 96/1/1987 dated 23.12.1987 is mentioned against the serial. Since 2016 till date, the matter is pending with PCDA and it is being stated that

the matter is under active consideration with the competent authority.

Having found that as per the case of the respondents themselves, the applicant is a case of 'Battle Casualty' and is therefore, entitled for War Injury

Element. PCDA cannot keep on lingering over the matter on one ground or the other.

8 That being so. OA is allowed The applicant is granted War Injury Element @ 60% which is to be broad banded to 75% w.e.f. the date of his

invalidation. However, keeping in view the fact that there is substantial delay on the part of the applicant in approaching the Tribunal, arrears are

restricted to three years prior to the filing of the OA which was filed on 06.07.2017.

The respondents are directed to issue corrigendum PPO granting war injury element to applicant and release the arrears within a period of four

months from the date of receipt of a copy of this order, after adjusting the amount paid towards disability element, failing which the arrears shall carry

interest at the rate of six per cent per annum.

The O.A. stands disposed of in the above terms with no order as to costs.

Pronounced in open court on the 28th day of January, 2020