Supreme Court upholds War Injury Pension for Kargil soldier

The case concerns a challenge by the Union of India to the grant of War Injury Pension to a former soldier, Narender Kumar, for Rheumatoid Arthritis developed during his posting at Kargil under Operation Rakshak, instead of the Disability Pension he was already receiving.

Who it concerns: Petitioner/Appellant: Union of India (through Ministry of Defence); Respondent: Narender Kumar; Bench: Not stated in the provided text.

What the court decided

• The Court dismissed the Union of India's appeal.
• The Court upheld the concurrent findings of the Armed Forces Tribunal and the High Court granting War Injury Pension.
• The Court held that Operation Rakshak falls under Category E(i) of the MoD Policy Letter dated 31.01.2001, which covers operations specially notified by the Government.
• The Court rejected the Ministry of Defence's interpretation that Operation Rakshak is excluded from Category E(i) as it contradicts the plain language of the policy.

Also in the document

• The Court noted uncertainty regarding which Ministry of Defence rules and policies are applicable and urged the MoD to issue comprehensive and clearly identifiable subordinate legislation.
• The Court stated that if a policymaker interprets its own policy against the plain language or in a discriminatory, arbitrary, or irrational manner, the Courts will disregard that interpretation.