BARKAT MASIH Vs. UNION OF INDIA

JUDGEMENT

(1.) The challenge in the present writ petition is to an order passed by Armed Forces Tribunal, Chandigarh Regional Bench at Chandimandir (for short 'the Tribunal') on 31.07.2012 whereby the claim of the petitioner for grant of disability pension for the injuries suffered by him while on casual leave remained unsuccessful.

(2.) The petitioner was on casual leave on 21.08.1993 and was riding a scooter when an Army Truck coming from the backside of the petitioner struck him and caused accident in the Cantonment Area in Chandimandir. The petitioner received multiple injuries (recurrent dislocation right shoulder) leading to permanent disablement assessed by the medical board as 20% for a period of two years. It was also opined that the injury is not attributable or aggravated by the service. The claim of the petitioner for disability pension was rejected by Principal Controller of Defence Accounts (Pension) [for short 'PCDA'] on 02.09.1994. The representation of the petitioner claiming disability pension remained unsuccessful. Thereafter, the Petitioner invoked the jurisdiction of the Tribunal. The Tribunal relied upon judgment of Hon'ble Supreme Court in Civil Appeal No.1988 of 2011 titled as 'Jagtar Singh Vs. Union of India and others', decided on 13.03.2012 and Civil Appeal No.3686 of 2012 titled as 'Union of India Vs. Talwinder Singh', decided on 20.04.2012 finding that the judgment in Madan Singh Shekhawat Vs. Union of India, 1999 AIR(SC) 3378is entirely different and consequently declined the claim of the petitioner for disability pension.

(3.) Learned counsel for the petitioner before this Court has vehemently argued that Entitlement Rules for Casualty Pensionary Awards, 1982 issued on 22.11.1983 as amended on 21.08.1984 explains the duty period and also the injuries suffered on duty period. Relevant clause reads as under:-