UNION OF INDIA Vs. MEERA DEVI

JUDGEMENT

(1.) THE appellant-Union of India being aggrieved by the judgment dated 10.4.2001, passed in C.W.J.C. No. 7056 of 1999, reported in 2002 (1) PUR 406, whereunder the learned Single Judge was pleased to allow the writ application and issued direction against the present appellant to make payment of disability pension to the respondent (widow of the Sepoy) from the date of discharge of the deceased Sepoy, has filed this Letters Patent Appeal under Clause 10 of the Letters Patent of the Patna High Court.

(2.) THE facts necessary for disposal of the present petition are that Jai Kumar Singh (since deceased) was enrolled in the Army on 6.6.1987. In the year 1993, the said Jai Kishore Singh was granted annual leave and provided with a railway journey warrant No. 70 P.A. 693035 dated 18.4.1993 from Jammu Tawi to Arrah Junction by the authorised officer of the Army Unit. THE respondent's husband came to his native village and stayed there for some time. When the said Jai Kishore Singh was enjoying the leave at his village home, he received information that his brother and some other villagers were being manhandled by some miscreants, therefore, the said Jai Kishore Singh rushed to the spot with a few of his friends/villagers. After about some time when Jai Kishore Singh, his brother and others were sitting in the village, the very same miscreants appeared on the scene and started firing, in the said firing, the said Jai Kishore Singh and other villagers suffered gun shot injuries. One villager died, but said Jai Kishore Singh survived. THE said Jai Kishore Singh was thereafter treated in the Military Hospital, Danapurand Lucknow. THE Medical Board of Command Hospital, Lucknow, vide Annexure-6 declared the said Jai Kishore Singh as permanent handicapped and certified that the said Jai Kishore Singh was orthopedically handicapped paraplegic person and could travel without assistance of an escort. THE said Jai Kishore Singh was discharged from the service with effect from 5-5-1995. He applied for grant of disability pension, but as his claim was rejected vide order dated 21.12.1996, he filed an appeal against the said order. THE appeal was dismissed, therefore, said Jai Kishore Singh came to this Court in C.W.J.C. No. 1547 of 1998. THE said writ application was disposed of on 16.12.1998 (Annexure-9). This Court directed the authorities to reconsider the matter in accordance with the observations made in Annexure-9 and also required the authority to pass a reasoned order. THE said Jai Kishore Singh was given liberty that if he was aggrieved by the fresh decision of the authority, he would be entitled to challenge the same before the appropriate forum.

(3.) LEARNED Counsel for the respondent/petitioner submitted that undisputedly the respondent's husband traveled at public expenses, was on annual leave and as his case does not fall under Clause-11(a) of the Leave Rules for the Services, and as the injuries suffered by the deceased sepoy was at a time, when he was trying to save his brother and other villagers from the hands of the miscreants, the said sepoy would be deemed to be on duty. He submitted that the learned Single Judge has rightly held that the deceased was entitled to disability pension. We have heard the parties at length and have perused the relevant rules/regulations and the judgments cited at bar. Rule 12 of the Entitlement Rules for Casually Pensionary Awards, 1982 provides that when a person would be on 'duty'. Rule 12 reads as under: