RAVINDRAN P M Vs. UNION OF INDIA

JUDGEMENT

(1.) In this original petition, the petitioner is challenging Exts. P4 and P11 orders of the respondents by which the petitioner's claim for disability pension was rejected on the ground that the injury sustained by him consequent to which he was invalided out of military service was not attributable to military service. The issue to be decided in this original petition is as to whether the accident in which the petitioner sustained injury is attributable to military service. The brief facts necessary for deciding this issue are as under.

(2.) The petitioner was enrolled in the Army on 10-1-1980. While he was serving in one of the units of the Army in a forward area, on 13-3-1986, while travelling on out pass with permission from his superior authority for attending to some personal affairs in the University nearby, he was hit by a truck in which accident, he sustained serious injuries. He sustained permanent disability which was assessed at 40% by the Medical Board. Later, he was invalided out of the military service because of the disability suffered by him. The petitioner preferred an application for disability pension, which was rejected. Therefore, he filed O.P. No. 10360/1990 before this Court in which this Court directed the respondents to re-examine the claim of the petitioner for disability with reference to the medical records. Pursuant to the said direction, the 2nd respondent passed Ext.P11 order again rejecting the claim of the petitioner for disability pension. Therefore, he filed this original petition challenging the said order also.

(3.) When the Original Petition came up for hearing before a learned Single Judge of this Court, the petitioner sought to buttress his claim on the basis of a decision of another learned Single Judge of this Court in O.P. No. 9107/1988. However, the learned Single Judge who heard the present original petition, doubted the correctness of the said decision and, therefore, referred the matter for consideration by a Division Bench by order dated 4-3-1999. Pursuant to the said order, the Hon'ble Chief Justice has directed the Original Petition to be posted for hearing by us. It is under the above circumstances that the matter has come up before us.