EX NK SULTAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner was enrolled in the regular Army on 10. 10. 1984 as a Combatant soldier and was posted in 1992-1993 at high altitude at the Siachin Glacier. The petitioner claims that he was deployed in the Operation Meghdoot at Sonam post, Siachin and while facing temperature of minus (-) 45 to minus (-) 49 degrees celcius developed frost bite on both feet. The petitioner was admitted as a battle casualty of Operation Meghdoot at Partapur Hospital on 13. 2. 1993 and was evacuated by Air to Command Hospital Chandimandir for further treatment on 18. 2. 1993. The frost bite resulted in amputation of both the toes of the feet of the petitioner and the petitioner was invalidated out of service on 16. 11. 1994 as a case of 100 per cent disability. The Commanding Officer of the petitioner also issued a certificate dated 15. 5. 1995 certifying that the petitioner was deployed in Operation Meghdoot.

(2.) THE pension claim of the petitioner was submitted to the CCDA (P) Allahabad who reduced the disability of the petitioner to 80 per cent on 16. 12. 1995. The appeal filed against the said order also failed and thus the petitioner had to file a civil writ petition, being CWP No. 4549/1996 which was allowed on 21. 11. 1999 on the premise that once the Medical Board had opined the case of the petitioner as one of 100 per cent disability the CCDA (P) Allahabad could not have reduced the percentage of disability. The petitioner was also held entitled to certain other allowances including attendance allowance.

(3.) THE said judgement is stated to have been honoured by the respondents.