EX SEP PANI RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner has invoked writ jurisdiction of this Court under Article 226 of the Constitution of India seeking writ of Mandamus commanding the respondent nos. 4 & 5 severally and jointly to initiate the necessary action for grant of disability pension to the petitioner as per law.

(2.) According to the petitioner, petitioner was serving as Sepoy with the Territorial Army, however, on 24.4.2009 met with a serious accident. Consequently, his right leg was amputated above knee. The petitioner was invalidated out of service with 80 per cent disability on 1.1.2012. Disability was declared attributable to the service.

(3.) Vide order dated 21.2.2014, this Court kept the question of jurisdiction of Armed Forces Tribunal open to be decided later on after counter affidavit is filed. Let me now decide as to whether reliefs sought in the present petition can be granted by the Armed Forces Tribunal?