EX MAJOR BACHAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) ON 27,7.1983 the petitioner who was serving in the territorial army met with an accident and suffered multiple fractures while on military duty. The petitioner suffered disability to the extent of 20% as per the certificate issued by the respondent -authorities, copy thereof is annexed to the writ petition as Annexure P. 1. He retired from the service on 31.3.1987. Petitioner prayed for grant of disability pension which was rejected by the respondents on 26.2.1990 vide Annexure P.3 to the writ petition. The petitioner filed representation against that rejection which was also declined on 28.6.1994 vide Annexure P.4. Thus, the petitioner was compelled to file this writ petition praying that the respondents be directed to grant to the petitioner disability pension on the basis of the disability suffered by him during the course of his duty.

(2.) UPON notice the respondents contested the petition. It was argued on behalf of the respondents that the competent authority, in exercise of its discretion vested in it under Rule 27(C) read with Section 173 of the Pension Regulations for the Army, 1961, and the instructions dated 20.6.1996 had rightly rejected the case of the petitioner for grant of disability pension. In Annexure P.4 it is stated as under : -

(3.) IT must be noticed at this stage that the respondents themselves had constituted a Court of enquiry. The Court of Enquiry was presided over by Capt, J.S. Kalsy. Copy of the said report has been filed by the petitioner on record as Annexure P.2. The respondents admit the correctness of this report. The findings of the Court have been recorded and in that it has been specifically stated as under : -