MADAN SINGH SHEKHAWAT Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal arises from the Judgment of the Appellate Bench of the High Court of Rajasthan at Jodhpur in D.B. Spl. Appeal No. 100/98 dated 4th February, 1998 confirming the judgment of the learned single Judge of the same High Court in S.B. Civil Writ Petition No. 4004/91 dated 1st October, 1997.

(2.) The appellant had joined the Indian Army as a Sawar (Horse Rider) in the 17th House Unit in September, 1975. He had completed 11 years and six months of service when he was discharged from the Military Service on medical grounds on 25th of April, 1987. The cause of his discharge on medical grounds arose from an accident in which the appellant was involved on 1-10-1994 (sic) while alighting from the train at Didwara Railway Station, consequent to which accident appellant's right hand was amputated just four inches below from the joint of collar bone. At the time of the accident, the appellant was travelling from Jodhpur to his home station on authorised casual leave granted to him.

(3.) On discharge from service, on the abovestated ground, the appellant put forth a claim for special disability pension payable under the relevant rules which though recommended by higher authorities was rejected by the Controller of Defence Accounts (Pension), Allahabad on 4-10-1988 solely on the ground that at the time of the accident the appellant was not on Military service. The appellant's representation/appeal for grant of disability pension having been rejected, as stated above, he approached the learned single Judge of the High Court by way of writ petition. The writ petition came to be dismissed on the ground that the petitioner was not entitled for his disability pension on the limited ground that at the time of the accident he was travelling at his own expenses, therefore, the relevant rule did not permit the grant of disability pension.