CHATROO RAM Vs. SECRETARY DEFENCE

JUDGEMENT

(1.) After going through thee petition and the written statement filed by the respondents and having heard the learned counsel for the parties, we find that the plea taken by the respondents in non-suiting the petitioner in the matter of grant of disability pension, is wholly untenable in law.

(2.) The petitioner, was in the employment of the respondents right till 13th August, 1979, having been enrolled on 13th December, 1971. With the permission of the Officer Commanding he proceeded to his place of residence at Nagrota to see his ailing mother. Since thee leave was to expire on 13th August, 1979, he left his home town on 11th August, 1979, and met with an accident during the journey on 12th August, 1979. His right arm got dismembered in the accident which took place while the petitioner was undertaking journey to return to his place of posting. He was taken to the Military Hospital at Udhampur on 12th August, 1979, and was discharged from there on 30th August, 1979, for being sent to the Artificial Limb Centre where he remained till March, 1980, and was sent to Jabalpur for being subjected to Medical Board. He was ultimately discharged from service on 30th June, 1980.

(3.) The claim of thee petitioner for the grant of disability pension was rejected by the authorities on 4th March, 1980 and appeal against the same was also rejected on 21st May, 1982, followed by similar rejection of his appeal by Government of India, Ministry of Defence, on 18th February, 1984, on the ground that the disability caused to the petitioner was not due to Military service.