LAW MANTRA     (Think Beyond Others)

landmark Judgment: There cannot be any discrimination in disability benefits

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One of the former Army man, Sowar Amar Singh got injured during World War II. He was receiving regular ‘disability pension’, not ‘war injury pension’, which is being given to soldiers disabled in operational areas.

He filed a petition before Chandigarh Bench of the Armed Forces Tribunal challenging the paying scale as he was being refused the payment of war injury pension. However, Government contended that war injury pension to disabilities incurred in ‘international wars’ was introduced only in January 1996 vide a letter issued in 2001 but the soldier got retired before 1996, therefore the aforesaid benefit could not be granted to him.

Eventually, Tribunal observed that there cannot be any discrimination in disability benefits between soldiers injured in pre-independence and post-independence wars. Hence, Amar Singh is entitled to get war injury pension with effect from January 1996.

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