The Hindu : New Delhi News : Court directive to Ministry of Defence

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Wednesday, Aug 20, 2008
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Court directive to Ministry of Defence

Staff Reporter

A petition for war injury pension

NEW DELHI: The Delhi High Court has directed the Ministry of Defence to consider within three months a request by a former Naik posted in the Siachin Glacier on combat duty for war injury pension and other attendant allowances as well as an ex-gratia of Rs. 1 lakh.

A Division Bench of the Court comprising Justice S.K. Kaul and Justice M.C. Garg passed the order on a petition by Naik (retd.) Sultan Singh seeking a direction to the Ministry to pay him war injury pension, allowances and an ex-gratia.

The Army had compulsorily retired him on the ground of 100 per cent disability following the amputation of his both toes due to the frost bite in 1997. After his retirement, he claimed pension and other consequent benefits before the Chief Controller of Defence Accounts (CCDA) in Allahabad. The CCDA reduced his percentage of his disability from 100 per cent to 80 per cent but refused to grant him pension on the ground that he had not suffered the disability in action. Naik Sultan Singh then approached the High Court submitting that he was on combat duty when he had suffered the frost bite which had led to amputation of his two toes. Asking the Ministry to consider the plea of the petitioner, the Bench observed that to constitute a case of injury in action did not mean that a soldier must sustain a bullet injury.

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