GUNPAL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was enrolled in the Army on 11.6.1987 and was assigned to Rajputana Rifles. The petitioner was found to be in a medically fit condition on his initial induction into the Army as well as in the subsequent medical examinations. He performed his duties to the satisfaction of all concerned. He had put in nearly 10 years of service when he was granted casual leave from 15th September to 22nd September, 1997 by his Commanding Officer and was authorised to proceed to his home village at Suratpura, located near Hissar. On 17.9.1997, the petitioner had gone to the market to buy items of his daily household needs and while he was returning, the jeep in which he was travelling as a passenger, met with an accident at about 1100 hours and the petitioner suffered severe head injuries and contusion of chest. As a result of his injury, he became unconscious and was admitted to Central Medical Centre, Hissar whereafter on 21.9.1997 he was transferred to 333 Field Ambulance located in Hissar Cantonment. After medical treatment he was granted 4 week's sick leave. On 4.11.1997 he was placed in Low Medical Category (temporary) for one year by a validly constituted Medical Board and later on was placed in same category but permanently. On 7.12.2002 the petitioner was stated to be having a disability of 30%, which was attributable to the military service. The Medical Board proceedings are annexed to the petition as Annexure P1. Thereafter, the case of the petitioner was referred to a Release Medical Board which assessed the disability of the petitioner as 20% for life. However, it was stated that the injury was not attributable to the military service, which opinion was contrary to the earlier Medical Board opinion and finally the petitioner was invalided from military service on 31.5.2003 after rendering nearly 17 years of service. No sheltered appointment was given to the petitioner and the petitioner in terms of the policy of the respondents was not permitted to complete his full term service. The disability claim in respect of the petitioner was forwarded to PCDA (P), Allahabad by the Record Office however, it was rejected by the said authority on 13.10.2003 on the ground that his disability was not attributable to the military service.

(2.) It is evident from the record that you were enrolled in the Army on 11 Jun 1987 and were discharged from service on 31 May 2003. The Release Medical Board held prior to your discharge considered your Invaliding Disability (ID),

(3.) The above order is challenged in the present writ petition. The petitioner has relied upon Rule 10 of the Leave Rules for Army, Regulation 173, Rule 4 and 13 of the Entitlement Rules for Casualty Pensionary Awards 1982 and judgment of the Supreme Court in Joginder Singh (Lance Dafadar) vs. Union of India and Ors. 1996 (2) SLR 149 to contend that a person on causal leave is considered to be 'on duty' and hence the petitioner is entitled to the grant of disability pension. According to the respondents, and as is evident from the impugned order itself, the claim of the petitioner had been rejected on the ground that the injury was not attributable to the military service and as such the petitioner was not entitled to the disability pension and as the petitioner was not 'on duty', as such the benefit of disability pension had rightly been declined by the respondents.