HARINDER PAL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Challenge in the present writ petition is to an order passed by the Armed Forces Tribunal, Chandigarh Regional Bench at Chandimandir (for short 'the Tribunal') on 27.01.2014, whereby an Original Application filed by the petitioner for quashing the orders dated 15.11.2006 and 24.12.2002 rejecting the claim of the petitioner for grant of disability pension remained unsuccessful. The petitioner was commissioned on 21.12.1968 in the Indian Army having been granted Permanent Regular Commission. During service, the petitioner suffered two injuries i.e. firstly, in the year 1981-82, when he was posted in 5009 Company Army Service Corps (Composite) deputed at Joshimath in the UP Hills, and secondly, on 18.11.1997, when he was returning back from his office after duty to his home. In the first injury, the petitioner received - 'Fracture Lateral Condyle Temia (LT)'. Such injury was received by the petitioner in a road accident, when he was returning to his Unit after availing holidays. For such injury, he was treated in the Military Hospital at Chandigarh and was placed in the low medical category Shape 1 (Permanent). The second injury was received by the petitioner in another accident on 18.11.1997, when he was returning home from his routine official duty resulting into 'Fracture Neck Femur (Left)'. The petitioner superannuated on 31.11.2002.

(2.) Earlier, the claim of the petitioner for disability suffered in an accident in the year 1982 was declined for the reason that the disability is neither attributable to nor aggravated by military service vide communication dated 24.12.2002 (Annexure P-11). The petitioner sought disability pension for the injuries suffered, but his claim was rejected vide orders impugned in the Original Application, as both the injuries were not considered to be attributable to or aggravated by military service. However, the Tribunal refused to interfere in the matter for the reason that the claim of the petitioner is barred by limitation.

(3.) A perusal of the order dated 15.11.2006 (Annexure P-15) shows that first injury was sustained by the petitioner on 10.01.1982, when he was on furlough leave, whereas the second injury was sustained on 18.11.1997, when he was going to market. Though the disability is assessed at 20% for life, but since the injuries are not attributable to or aggravated by military service, the petitioner was found not entitled to disability pension.