UNION OF INDIA Vs. GEETA DEVI

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 20.10.2010 passed by the Writ Court in SWP No. 2829/2002, whereby and where under the writ respondents were directed to grant disability pension in favour of writ peti tioner, i.e., wife of deceased employee, namely, Sh. Raj Kumar (hereinafter, for short, impugned judgment), on the grounds taken in it.

(2.) The facts in brief are that the husband of writ petitioner, namely, Sh. Raj Kumar, was enrolled in the Indian Army in the year 1989 and was boarded out from service on 16.07.1993 on account of 70% disability suffered by him. The claim made for grant of disability pension came to be rejected on 30.01.1994 on the ground that the disability suffered by the deceased was not attributable to military service.

(3.) It was averred in the writ petition that on 29.04.1992 while the deceased was on Guard duty, he accidentally pressed the trigger of his rifle, as a result of which the bullet hit the deceased causing injuries to him and he became disabled. And because of his disability, which was assessed at 70%, he was boarded out from the Army service. The claim for grant of disability pension was made on the ground that the injuries suffered were attributable to army service, which with the passage of time got aggravated and ultimately became the cause of his death. The appellant-Union of India rejected the claim of writ petitioner only on the ground that the disability suffered by the husband of writ petitioner was because of his own negligence as he had failed to handle the rifle with due care and caution.