NAIK VED SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has filed the present writ petition under Articles 226/227 of the Constitution of India against the order dated 2.11.2010 (Annexure P-11) passed by the Chandigarh Regional Bench of the Armed Forces Tribunal (hereinafter referred to as 'the Tribunal') whereby the application filed by him for seeking quashing of order dated 1.6.2009 (Annexure P-8) passed by the Government of India declining his prayer for disability pension on the ground that invalidating disease was neither attributable to nor aggravated by military service, had been dismissed.

(2.) According to the petitioner, he was enrolled in the Indian Army as Sepoy on 9.5.1988. When he was at his home for 15 days from 2.3.2004 to 17.3.2004, he slipped from the terrace of his house while playing Holi and sustained 'Open Fracture Tibia and Fibula Right'. As a result thereto, he was admitted in the Base Hospital. A Court of Inquiry was held which in its report dated 25.9.2004 (Annexure P-1) held that the injury suffered by him was attributable to military service. His case was, thereafter, sent to the Brigade Commander for information and vide report dated 13.11.2004 on accidental and self inflicted injuries, the Brigade Commander opined that the injury sustained by him was attributable to military service. Despite the same, on 1.6.2005, he was invalided out from military service after being placed in medical category "A-3 (permanent)". After invalidation from the service his case was taken up by the ASC (South) Records, Bangalore with the Principal Controller of Defence Accounts (Pension), Allahabad for adjudication of his claim for disability pension but the same was rejected. The appeal preferred by him was rejected on 19.9.2007. Even the second appeal preferred by him was dismissed on 1.6.2009. Aggrieved of the same, the petitioner filed CWP No. 13375 of 2009 in this Court which after establishment of the Tribunal was transferred to and entertained by the Tribunal as T. A. No. 285 of 2010.

(3.) The application (T. A. No. 285 of 2010) filed on behalf of the petitioner and couple of similar original applications and transfer applications was taken up by the Tribunal together. After discussing the various judgments on the issue as to what would be the guiding factors for deciding the attributability of or aggravation by military service where the disability or fatality occurs during the time the individual is on authorised leave of any kind, the Tribunal summed up the following principles:-