UNION OF INDIA & OTHERS Vs. AAN SINGH

JUDGEMENT

(1.) J .S. Khehar Through the instant special appeal, the appellants have assailed the order passed by a learned Single Judge of this Court on 24.08.2006, vide which, Writ Petition (S/S) No. 296' of 2004 was allowed. A perusal of the order dated 24.08.2006 reveals, that the learned Single Judge set aside two orders passed by the appellants dated 30.11.1977 and 30.03.1981. By the former order, the claim of the respondent for disability pension was declined. By the later, the appeal preferred by the respondent on the administrative side was rejected. As a result of the order passed by this Court on 24.08.2006, the respondent was held to be entitled to disability pension.

(2.) THE solitary submission, sought to be substantiated through the instant special appeal is, that in the facts and circumstances of the case of the respondent, he could not have been granted the benefit of disability pension.

(3.) IN order to appreciate the veracity of the submission advanced by the learned counsel for the appellants, it would first be necessary to deal with the factual background of the controversy. In this behalf, it would be pertinent to mention that the respondent was employed as a Sepoy in the Indian Army on 04.03.1969. He was assigned to the artillery regiment. The respondent was deployed for active duty in the war, which took place between India and Pakistan in 1971. In the first instance, he was posted in West Bengal, i.e. on the border of East Pakistan. Thereafter, the respondent was deployed on the western border, wherein he was deployed at Srinagar. It is the case of the respondent, that on account of his involvement in the aforesaid war, his ears came to be substantially affected, leading to extreme deterioration in his hearing capacity. During the course of his treatment, he claims to have been admitted at the Military Base Hospital at Udhampur in Jammu, where he got treatment. Despite having been shifted from one army hospital to the other, the respondent could not be cured of his hearing disability, eventually leading to his being medically categorised as 'EEE'. The instant medical category is awarded to an individual, who suffers disability, which is beyond 40%. Based on the aforesaid disability, the respondent was discharged from military service on 07.09.1977. It is, therefore, apparent that the respondent had rendered 8 years & 187 days of service in the army, at the time of his discharge.