BALJOR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Two orders dated 17.11.1994 and 11.2.1995 (annexure-P.1) passed by the respondents denying the claims for disability pension and disability benefits under the Army Group Insurance Scheme are under challenge by the petitioner in this petition filed under Article 226 of the Constitution of India.

(2.) The petitioner joined army on 1.5.1975 as a Sepoy in Rajputana Rifles. On 2.5.1982, he was transferred to Intelligence Corps as Translator/Havaldar (Chinese language). The petitioner was promoted as Naib Subedar on 12.9.1983 and to the rank of Subedar on 1.11.1989. He became substantive Subedar w.e.f. 1.11.1990. On 9.6.1990, the petitioner was posted to 23, Wireless Experimental Unit, Ranikhet at which place he continued to serve till 31.8.1994.

(3.) As a result of the petitioner's involvement in an accident of two army vehicles, on 2.2.1993, the petitioner sustained multiple fracture in the right ankle. He was admitted to Military Hospital, Ranikhet for treatment. Because of indication of Gangrene in the right leg, he was transferred to Command Base Hospital, Lucknow, where his right leg below the knee was amputated on 8.2.1993. On 3.3.1993 the petitioner was transferred to Artificial Limb Centre, Pune where he was provided with an artificial limb below knew in the right leg and consequently, he was placed in Low Medical Category "CEE" (Permanent) w.e.f. 10.7.1993 by the Medical Board and his disability was assessed as 60% permanent, for which discharge/disability certificate was issued by the Artificial Limb Centre, Pune. The disability of the petitioner was wholly attributable to military service as per the orders passed by the Competent Authority.