EX HAV BIDHI SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) RULE DB.

(2.) AT the request of learned counsel for the parties, the petition is taken up for final disposal.

(3.) THE petitioner was enrolled in Indian Army on 20. 06. 1975 and while posted at Head Quarter No. 62, Infantry Brigade on 20/21. 07. 1995 fell down in the night from the first floor of the barrack accidentally. The petitioner received multiple injuries including head injuries and was admitted to the airforce Hospital, Kanpur. The petitioner was downgraded to medical category "cee" permanent and was brought before the Medical Board and on its recommendations the petitioner was discharged from service during the period of his extended tenure of service. The petitioner is aggrieved by the rejection of his claim for disability element of pension on account of the fact that the disability occurred when the petitioner was not on duty. The petitioner is in receipt of service element of pension.