SUKHWANT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The Appellant - an army personnel while on nine days' casual leave, suffered an injury in a scooter accident that rendered him unsuitable for any further military service. He was. therefore, discharged from service. His claim for the disability element of pension was rejected by the concerned authorities holding that the injury suffered by him was not attributable to military service as stipulated in Regulation 173 of the Pension Regulations of Army, 1961.

(2.) The Appellant filed a suit claiming disability pension. The trial court dismissed the suit. Against the judgment and order passed by the trial court, the Appellant preferred an appeal, which was allowed and the suit filed by him was decreed. Against the judgment and decree passed by the appellate court, the Union of India preferred a second appeal before the Punjab and Haryana High Court.

(3.) During the pendency of the second appeal, the Armed Forces Tribunal came to be constituted and the second appeal was transferred to the Chandigarh Bench of the Armed Forces Tribunal where it was registered as T.A. No. 775 of 2010; Union of India v. Sukhwant Singh.