HARBANS SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed by Major Harbans Singh (Retired) against the respondent, the Union of India, through the Secretary, Ministry of Defence, regarding his claim for "disability pension".

(2.) The petitioner was commissioned in the Indian Army on 3rd May/21st December, 1947, from the Indian Military Academy, Dehra Dun. After joining the Indian Army, the petitioner served at various places and was promoted from time to time till he attained the rank of a substantive Major in the Indian Army. He was in field service in Jummu and Kashmir from 8th October, 1952, to 26th November, 1955, and in N.E.F.A. from 12th December, 1959 to 17th December. 1961.

(3.) In December. 1961, he was commanding 71 Heavy Mortar Bat- tery with Battery Headquarters located at Walong in N.E.F.A. While so, he applied for annual leave of 60 days, and the same was sanc- tioned for the period from 9th December, 1961, to 6th February, 1962, by his Commanding Officer, Col. R.T.K. Foregard. He flew from Walong to Jorhat and from there he travelled by aeroplane to Calcutta. According to the petitioner, before starting from Walong on his annual leave, he had received a letter from the Canteen Stores Depart- ment (India) intimating him that a Lambretta Scooter for which he had applied was being despatched and he should arrange to collect the same from Station Canteen, Ambala Cantonment. The petitioner averred in his writ petition that before undertaking the journey he obtained permission from his then Commanding Officer. Lt. Col. R.T.K. Foregard through the then Adjutant of the Regiment, late Major (then Lieutenant) R. N. Roy. to break his journey at Ambala Cantonment so as to collect the Scooter and then to proceed from Ambala Cantonment to Patiala, which was his permanent home station, by road on the said scooter. The petitioner travelled by train from Calcutta to Ambala Cantonment, and after collecting the scooter he proceeded to Patiala on the said scooter. While he was going by the scooter to Patiala, he met with an accident on 26th December. 1961, at a place which was about 14 miles from Patiala. He was taken to Rajindra Hospital, Patiala, and from there to the Military Hospital, H Ambala. Thereafter, he had medical treatment in various Military Hospitals, the last of them being the hospital at Lucknow. According to the petitioner, the Military authorities made enquiries from him about the nature of and the manner in which the accident had taken place, and after detailed and thorough examination by the said authorities, a Part II Order (Annexure B) dated 6th Marcn, 1963, was published by the Army Headquarters (Adjutant General's Branch) 'in which it was stated that the petitioner had received an injury, viz.- "Fracture right pariental and temporal bones with hemiplegia right", and that the said injury was attributable to military service in peace area",