KRISHAN DAHIYA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner was enrolled in the Army Medical Corps on December 1, 1966, as a Clerk (G. D.) and was promoted to the rank of Hawaldar in February, 1984, while he was posted in the Army. Hospital, Delhi Cantt. , he proceeded on two days' casual leave from August 1, 1984, to August 2, 1984, for going to his home at village Bindhroli, district Sonepat, due to some urgent work. When he was returning after availing the said casual leave on August 3, 1984, he met with an accident while trying to board the train. One leg of the petitioner was chopped off at the spot of the accident and the other leg had to be amputated by the doctors in the Army Hospital, Delhi Cantt. In fact the leg, which was chopped off at the time of accident, had also to be amputated below knee. He was medically declared to be in the category of 'eee' w. e. f November 4, 1985. Though other retiral benefits were given to the petitioner, yet he was not given disability pension on the ground that the disability was not attributable to Military service and the injury did not exist before or arose during Military service or had been aggravated by the Military service. This order denying the disability pension was conveyed to the petitioner vide letter dated October 24, 1986. He filed an appeal against the aforesaid order. This same was rejected vide order dated May 25, 1996, attached as Annexure P-3. In the appellate order, it was observed as under: "

(2.) ON examination of your service/ medical records/documents, the Appeal Examining Authority found that the disease causing disability to you "crash injury both leg BK Amputation bilateral" was as a result of your falling on railway track while making efforts to catch the train on 3. 8. 1984 when you were returning after availing casual leave. As per the accident report, you were travelling on your own expense. Since you were travelling on your own expenses, you cannot be treated on duty. Therefore, the disability caused in these circumstances is not attributable to the military service. " The petitioner is stated to have filed representations thereafter to the Secretary to Government of India, Ministry of Defence, copies of which have been attached as Annexure P-4 to P-10. Since no action had been taken on representations, the petitioner filed the present writ petition. On notice of motion having been issued, the respondents have filed their reply.

(3.) FOR the foregoing reasons, we allow this writ petition and quash the order of the respondent-authorities denying the disability pension to the petitioner, which was conveyed to him vide letter dated October 24, 1996, as also the appellate order dated May 25, 1990, copy Annexure P-3. We further direct the respondents to grant disability pension to the petitioner and release the arrears within a period of three months of the receipt of copy of this order from this Court or a certified copy thereof from the petitioner. We make no order as to costs. .