By Major (Retired) Mathew Oommen


The Armed Forces Appellate Tribunal has recently given a forward looking and humanitarian interpretation on the calculation of war
injury pension payable to war heroes.

Disability pensions are calculated on the basis of the pay authorized for the rank held by the
affected soldier. When two interpretations are permissible or possible, the humane interpretation must be taken in the deserving cases.

Similarly in an issue of ‘Death cum Retirement Gratuity’, payable to a war causality, the tribunal has taken a humane approach.

It is true that a permanent commissioned officer undertakes the possible ‘unfortunate’ risk for a longer period when compared to a short service officer.

Accordingly the former could be considered as a different category and are entitled for more privileges than a short service officer.

However, the inevitable tragedy can occur to both in similar or same circumstances irrespective of the fact that they are on permanent contract or a shot term contract.

Again the humane and humanitarian sentiments must play up when an unfortunate battle
casualty is rewarded or compensated for his supreme sacrifice. Death is a great leveler, more so when we talk about the brave and the young
for the defence of his mother land.

Congratulations to the Armed Forces Appellate Tribunal, who could now uphold the old age legal
maxim- the rigour of the law untempered by equality is not justice: but denial of it.

The government must, suo moto, go into similar cases with a view to remove the existing anomalies.