Injury During Kerosene Duty Part of 'Operation Rakshak', Soldier Entitled to War Injury Pension: P&H HC

In a significant ruling on the scope of service-related injuries, the Punjab and Haryana High Court has upheld a decision granting war injury pension to a soldier who sustained a debilitating spinal injury during a routine logistical task in a counter-insurgency operation zone.

A division bench comprising Justice Sanjeev Prakash Sharma and Justice Meenakshi I. Mehta dismissed a petition filed by the Union of India challenging an order of the Armed Forces Tribunal (AFT), which had granted war injury pension to Ex-Sepoy B Rama Krishna.

The soldier, a member of a working party detailed to collect kerosene oil in Jammu & Kashmir in 2012, suffered a C5 vertebral fracture resulting in traumatic quadriplegia when the Army gypsy he was traveling in skidded off the road.

The Centre had contested the AFT’s order dated May 17, 2023, arguing that the injury stemmed from a routine accident unrelated to any combat or operational activity, and thus did not qualify as a "war injury" under the applicable pension regulations. It claimed the activity did not fall within the ambit of "operations specifically notified by the government".

However, the High Court, relying on a government letter dated January 31, 2001, held that the incident occurred within the operational framework of 'Operation Rakshak', a counter-insurgency operation officially notified by the government. The court emphasized that logistical support tasks, including collection of essential supplies such as kerosene, are integral to ongoing military operations and cannot be viewed in isolation.

“Once a working party is detailed for collection of kerosene oil and they proceed on a government vehicle, it would be a part of Operation Rakshak. It cannot be said that the work of collecting kerosene oil, which is given for the purpose of Operation Rakshak, is not a part of the said operation,” the bench observed.

The court affirmed the AFT’s interpretation and found no error in its conclusion that the soldier’s injury, sustained in the course of duty in an active operational area, was directly attributable to military service under operational conditions.

The judgment ensures that Ex-Sep. Rama Krishna will continue to receive a war injury pension for life with attendant allowances, effective from September 21, 2012, the date of his discharge.

Case Title: Union of India and Ors. v. Ex. Sep. B Rama Krishna and Anr.