UNION OF INDIA Vs. TALWINDER

JUDGEMENT

(1.) Leave granted.

(2.) Facts and circumstances giving rise to this appeal are that the respondent was enrolled in the Infantry (Sikh Regiment) on 23.5.1987. He proceeded on annual leave on 31.3.1990 for a period of two months to his home town. During his leave period, the respondent suffered injuries being hit by a small wooden piece "Gulli" in the play of children and thus, his left eye was seriously damaged. He was admitted to Command Hospital, Chandimandir and remained there from 1.4.1990 to 25.4.1990. The respondent was operated upon twice and, subsequently, was discharged giving him sick leave from 26.4.1990 to 6.6.1990 and was placed in low medical category 'BEE' (permanent).

(3.) The investigation/enquiry was conducted by Army Authorities and the court of inquiry vide order dated 13.7.1990 came to the conclusion that injuries sustained by the respondent were not attributable to military service. The respondent was kept in sheltered appointment upto 31.5.2003 for giving him an opportunity to complete his terms of engagement. The respondent was examined by the Release Medical Board (RMB) on 14.2.2003 for assessment of degree and attributability/aggravation factors of the disability 'Perforating Injury Left Eye' and it came to the conclusion that disability was 30% for life, however, the Board further declared that the said disability was neither attributable to nor aggravated by military service. In view thereof, the claim of the respondent for disability pension was rejected by the competent authority vide order dated 7.8.2003.