(1.) WE are called upon to impart an interpretation on the words " "a disability which is attributable to or aggravated by military service", as occurring in Regulation 173 of the Pension Regulations for the Army, 1961 (for short "pension Regulations" ). Reference to the Full Bench was originally necessitated because of the divergence of opinion of two Division Benches, in terms of the Order dated 9. 3. 2006 in WP (C) 11128/2005 titled Sunita Devi "vs-Union of India passed by the Bench comprising Mukul Mudgal and H. R. Malhotra, jj. Our learned Brothers detected diametrically different dialectics of division Benches, the unreported decision in WP (C) 4619/1993 titled Ex Sepoy vijay Pal Singh vs. UOI and in Ex Singnalman Shri Bhagwan vs. UOI, 103 (2003)DLT 269. The cause has become even more confounded and complicated owing to yet another decision of the Division Bench comprising Swatanter Kumar and G. S. Sistani, JJ. decided on 19. 10. 2006 reported as Jitendra Kumar vs. Chief of Army staff. Broadly stated, the submission of the petitioners is that any injury or fatality suffered by military personnel on casual leave would per se entitle them to claim Disability Pension in addition to ordinary Family pension. The Respondents contend that the factum of casual leave is irrelevant and what has to be ascertained in every case is whether the injury was sustained while the person was doing an act ascribable to military service. So far as the situs or location where the injury came to be encountered is concerned, it is again irrelevant whether it was in a Field Service/active Service area or under normal peace conditions. What is imperative, according to the Respondents, is that the claimant must establish that the disability or death bore a causal connection with his military duties.
(2.) REGULATION 173 of the Pension Regulations, within the parameters of which every claim of a non-commissioned personnel for Disability Pension must perforce be predicated, concerns "primary conditions for the grant of disability pension" and reads thus:-
(3.) THE relevant Rules which are placed in Appendix-II are reproduced for facility of reference:-
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