JHANDU RAM (EX SEPOY) Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONER joined the Indian Army as a Recruit at Akhnoor in the State of Jammu and Kashmir on 26th April 57. He came to be discharged from service on 26th Nov 93. By that time, he had rendered 6 years and 215 days of service. In para 5 of the petition, it has been submitted that the petitioner during military training in the year 1953, suffered an injury. This resulted in a fracture in the leg and also a head injury. This was when the petitioner was taking a long jump. It is submitted that the petitioner was taken to military hospital, Palampur, and remained admitted there for a period of one month. A Medical Board was held. The petitioner was placed in category B (Temp). It is submitted that as the condition of the petitioner did not improve, he was placed in medical category "EEE". He was boarded out of service. His disability was assessed at 20 percent. He has not been allowed disability pension. The petitioner has challenged this action of respondents through the medium of present writ petition.

(2.) THE fact that the petitioner suffered an injury is reflected in his service book. At internal page 9 of the certificate of service book, copy whereof is Annexure A, under column, (c), it has been mentioned as under: "Sustained in accidental injury of moderately .severe (fracture) of the head of Rt, Tibia -Attributable to Mil. service".

(3.) "The petitioner submits that as he suffered the injury during military service, and as the same has been declared as attributable to military service" by the respondent authorities, therefore, he cannot be denied disability pension.