UNION OF INDIA Vs. SAROJAM T.

JUDGEMENT

(1.) The present writ petition is filed under Article 226 of the Constitution of India against the final order dtd. 28/3/2022 of the Armed Forces Tribunal (hereinafter called 'the AFT'), allowing O.A.NO.39 of 2018 filed by the mother of the deceased CFN Renjith S., No.170014252W, who died unfortunately, on 23/3/2015, while in Army Service, due to an accident. He joined the Army on 24/3/2011 and served in Jammu and Kashmir area for two years and when posted at Rajasthan, was asked to join a Sainik School, Vadodara, for in-service training. After a month of rigorous training, the trainees were given four days' leave for relaxation and that term break was also part of the training. However, during that period of leave, he unfortunately died on 23/3/2015 due to head injury and drowning in sea at Diu Fort.

(2.) A Court of Enquiry was conducted and found that the death of the deceased Renjith was attributed to military service and accordingly the Commanding Officer OIC Records accepted the said finding and sent the certificate to the 4th petitioner Principal Controller of Defense Accounts (Pensions). 4. The 4th petitioner Principal Controller of Defense Accounts (Pensions), for the reason best known to him, rejected the case, holding that the death of the deceased Renjith was not attributed to or aggravated by military service. It was that rejection of the Principal Controller of Defense Accounts (Pensions) which was assailed before the Tribunal. Tribunal noticing all these facts in paragraphs 11 and 12 of its order held as follows: