GURMIT SINGH BUTTER Vs. UNION OF INDIA

JUDGEMENT

(1.) Ex-Sepoy Gurmit Singh Butter has filed the present writ petition under Article 226 of the Constitution of India for quashing the orders Annexures P2 and P7 vide which his disability pension was rejected. Further, the prayer made by the petitioner is that direction be given to the respondents to release him disability pension w.e.f. 1.4.1994.

(2.) Some facts can be noticed in the following manner :

(3.) The sole point which survives for determination is when an army personnel is on annual/causal leave and suffers an accident, whether such accident can be attributable to the army service or not. The learned Counsel appearing on behalf of the respondents invites my attention to a judgment rendered in C.W.P. No. 4507 of 1998 titled Kulwant Singh v. Union of India and others, 1991 3 SCT 567 and submitted that if an Army personnel suffers disability on account of an accident while on annual leave, such disability is not attributable to the Army service. On the contrary, the learned Counsel for the petitioner relies upon a judgment of the Hon'ble Division Bench in Siri Krishan v. Union of India, 1997 1 SLR 607, and another judgment Ex- Sepoy Balwant Singh v. Union of India, 1999 3 SCT 55and submits that even when an Army personnel is on a long leave or casual leave, such person is entitled to the benefit of disability pension irrespective of the fact that he suffers the disability while on annual leave or casual leave. Mr. Sehgal even submits that in C.W.P. No. 9376 of 1994 : Swaran Singh v. Union of India, 1996 4 SCT 346 decided on 18.12.1998, it was observed that if an Army personnel is on furlough and suffers an accident/disability, he is still entitled to the disability pension.