Bullet still in head, ex-sailor Tara Singh gets war injury pension after 60 yrs

Bhartesh Singh Thakur

Chandigarh, July 24

The Chandigarh Bench of the Armed Forces Tribunal (AFT), Chandimandir (Panchkula), has issued directions for payment of war injury pension to former sailor Tara Singh, 83, who got injured during the Goa Liberation Operation.

Fought in 1961 liberation of Goa

• Ludhiana resident Tara Singh joined the Navy on July 6, 1960; he was deployed in Goa Operation of Liberation of Anjediva Island in Dec 1961
• On Dec 18, he was part of a landing party from INS Trishul when his motorboat came under fire from enemy and a bullet hit him in head
• Discharged from service in 1963, he got disability pension; but resurvey board assessed disability at below 20%; his pension was stopped in 1971
• AFT said his case was covered under 2001 order by Centre that stated any type of injury/casualty had to be treated as battle casualty/injury

The Ludhiana resident had joined the Indian Navy on July 6, 1960. He was posted aboard INS Trishul and deployed in the Goa Operation of Liberation of Anjediva Island in December 1961.

On December 18, 1961, Tara Singh was part of a landing party from INS Trishul and was directed to move to the island by a motorboat. On the way, his party came under fire from the enemy and a bullet hit him in the head.

“The injury sustained during the operation was declared ‘head injury fracture skull’ and a piece of bullet still remains lodged in his head. After being hit, he was evacuated and admitted to INS Ashwani,” submitted his counsel Arun Singla.

The island was under control of the Portuguese since 1506 and they surrendered it in 1961, 48 hours after mainland Goa was surrendered to India. Tara Singh was discharged from the Navy on November 1, 1963, and granted a disability pension. However, the Resurvey Medical Board assessed his disability percentage at below 20 per cent and his disability pension was discontinued on June 16, 1971. The Union of India argued before the AFT as the disability percentage was below 20%, he was neither entitled to war injury pension nor disability pension.

The Bench, headed by Justice Dharam Chand Chaudhary, observed: “… it is desirable to refer to the Government of India instructions dated January 31, 2001, which provided as to what type of injury/casualty has to be treated as battle casualty/injury. Casualties/disabilities amongst others caused in an operation especially notified by the government from time to time have been categorised as war casualties in this document.”

The Bench added the case of Tara Singh was covered under instructions dated January 31, 2001, as the Goa Liberation Operation was notified by the government. “The applicant as such is definitely entitled to the grant of war injury pension and the denial thereof is not only illegal, arbitrary, and an abuse of power vested in the respondents, but also capricious,” noted the Bench. Tara Singh will get war injury pension from the day next to the date of his discharge at 20% till December 31, 1995, and thereafter at 50% from January 1, 1996, for life as per the law laid down in ‘Union of India and others vs Ram Avtar’ of 2014.