UNION OF INDIA Vs. GURDASS SINGH

JUDGEMENT

(1.) Letters Patent Appeal on hand is directed against writ court judgment dated 16th October 2000, in writ petition titled Ex- Subedar Gurdass Singh versus Union of India and Others (SWP No. 204/1999), whereby writ court has allowed writ petition, held writ petitioner/ respondent entitled to disability pension and interest on the arrears of disability pension to be worked out, at the rate of 12% per annum till its payment. The appeal arises in the following background.

(2.) The writ petitioner/respondent was enrolled in Indian Army on 21st February 1969 and by dint of his hard work and dedication rose to the position of Subedar in the Army. On 15th December 1996, he while posted at Nagrota left his place of posting with the permission (out pass) of the competent authority, for Keran a nearby town to attend religious function. On his way back, the scooter on which he was travelling was hit by speeding truck (tipper) bearing registration no. JKOIB - 4325. He suffered multiple injuries in the accident. He was exonerated in the departmental enquiry and liability of accident fixed on the driver of the aforementioned truck.

(3.) Multiple injuries sustained by writ petitioner/ respondent, led to his discharge from the service on medical grounds. He approached authorities with the request for disability pension. His request was not entertained / executed on the ground that the disability was neither attributable nor aggravated by military services.