Supreme Court: War Injury Pension granted to former army officer under Category E(i)

The Supreme Court, comprising Justices Pamidighantam Sri Narasimha and Alok Aradhe, dismissed the Union of India’s appeal and upheld the High Court’s order granting a War Injury Pension to Narender Kumar, a former Indian Army officer, confirming his entitlement under Category E(i) of the Ministry of Defence (MoD) Policy Letter in accordance with the statutory framework.

Narender Kumar, who retired from the Army in 2013, had been awarded a 75 % disability pension for rheumatoid arthritis that was diagnosed while he was posted at Kargil between 2003 and 2005. He later applied for a War Injury Pension, contending that the arthritis resulted from his service during Operation Rakshak, an operation the Ministry of Defence had specially notified. The central issue before the Court was whether a disability arising from rheumatoid arthritis contracted during the Kargil posting could be treated as a war injury under sub‑category E(i), which covers operations specially notified by the Government.

The Court examined the plain language of the MoD Policy Letter and adopted a liberal construction, observing that the document contained no provision excluding rheumatoid arthritis or disabilities incurred in Kargil from Category E(i). It held that Operation Rakshak was indeed a specially notified operation and that the burden of proving non‑applicability rested on the policymaker. Consequently, the Court concluded that the respondent’s disability fell within the scope of Category E(i) and affirmed the High Court’s decision, thereby confirming his entitlement to the War Injury Pension.

Read the judgment and its head note on DLJ: The Union Of India vs Narender Kumar (2026 INSC 1166).