RAJINDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant appeal has been preferred by one Rajinder Singh challenging the judgment and order dated 07.10.2005 rendered by the learned Single Judge of this Court, while refusing to grant him the relief of disability pension on the ground that the injuries suffered by the appellant were sustained when he was on annual leave and cannot be considered as attributable to the Military service. Therefore, the sole question which arises for consideration before us is "Whether an injury sustained by a member of the armed forces while he is on annual leave or casual leave could be imputed to Military service or not?.

(2.) The matter is no longer res integra because Hon?ble the Supreme Court in the case of Union of India and ors v. Jujhar Singh, 2011 7 SCC 735has held that in such circumstances a member of the armed forces would not be entitled to claim disability pension. In that case the member of the armed force was staying at his home town when he was on annual leave. He met with an accident. On the ground that there was no casual connection between the nature of injuries and the relevant factors for grant of disability pension under Regulation 179 of the Pension Regulations for the Army Part-I, 1961, his claim for disability pension was rejected. It would be appropriate to set out Regulation 179 of the Regulations, which is directly relevant for the decision of the instant appeal:-

(3.) A perusal of the aforesaid regulation shows that if a member of the armed forces is found suffering from disability attributable to or aggravated by military service then he is to be granted disability pension. Such a disability is also required to be assessed by Service Medical authorities and the decision has to be taken by the competent authority on that basis. Keeping in view the aforesaid Regulation and placing reliance on its earlier judgments including Union of India v. Baljit Singh, 1996 11 SCC 315, their Lordships reached the following conclusion in Jujhar Singh?s case :-