UNION OF INDIA Vs. RAM KRISHAN

JUDGEMENT

(1.) This appeal by the Union of India is directed against the judgement dated 22.6.2007 delivered by a learned Single Judge of this Court whereby he held that the respondent (hereinafter referred to as the writ petitioner) was entitled to disability pension w.e.f. 1.2.2005.

(2.) Briefly stated the facts relevant for decision of the case are that the writ petitioner joined Indian Army as a Sepoy on 8 th October, 1979. He admittedly suffered an injury in a mine blast on 5.1.2002. As a result of the mine blast he was placed in the low medical category. He was asked to appear before the Resurvey Medical Board which recommended that he is fit to be released from service. The petitioner was not discharged from service but was given alternative shelter appointment in the army itself. The petitioner thereafter sought discharge from the army on compassionate grounds. His request was accepted and he was retired from service. Though the petitioner was granted pension and other benefits but he was not granted disability pension on the ground that he had been discharged from service on his own request since he had sought voluntary discharge on compassionate grounds.

(3.) At the outset, we may state that it is not disputed that the writ petitioner suffered an injury due to a mine blast, which has led to a disability of 30%. The learned Single Judge relying upon the judgement of the Delhi High Court in Ex. Subedar Baljor Singh vs. Union of India and other, 1997 LabIC 1818 came to the conclusion that even if it is the ex-serviceman who seeks discharge from service on medical grounds then also the same has to be treated as discharge on medical grounds and therefore, he would be entitled to disability pension. This judgement is under challenge before us.