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From: Nilesh Singit's Blog: Disability News Wolrdwide
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Sent: Sunday, July 17, 2011 8:39 PM
Subject: [New post] Disability pension to soldiers only if injury sustained on
duty
Disability pension to soldiers only if injury sustained on duty
Nilesh Singit | July 17, 2011 at 20:39 | Tags: UNCRPD, War Vetrans |
Categories: Disability | URL: http://wp.me/pyosb-hy
J. Venkatesan
For injury not attributable to the service, personnel only entitled to full
normal pension
A military personnel is entitled to ‘disability pension' only if the injury is
sustained during the course of military duty and not for one sustained in an
accident when he is on leave, away from the place of work, the Supreme Court
has held. A Bench of Justices P. Sathasivam and A.K. Patnaik said if the
injury was not attributable to the service and was not connected with the
service, a personnel would only be entitled to “full normal pension” as per the
regulations.
In the instant case, the respondent Jujhar Singh joined the Army in 1978. On
March 26, 1987, when he was on annual leave to his native place, he met with an
accident and sustained severe injuries and was admitted in a hospital from
March 26 to January 20, 1989. Initially, his disability was assessed at 20
per cent and later at 60 per cent and he retired on July 1, 1998 and was
granted full normal pension. His plea for disability pension was awarded by a
single judge of the Punjab and Haryana High Court and confirmed by a Division
Bench. The present appeal by the Union of India is directed against this
judgment.
It was argued by the Centre that the injuries sustained by the respondent were
not attributable to the service and were not connected with it. The disability
had neither occurred in the course of employment nor attributable to or
aggravated by military service and hence, he was not entitled to disability
pension. Allowing the appeal, the Supreme Court said: “It is not in dispute
that the respondent was on annual leave when he met with a scooter accident as
a pillion rider and sustained injuries at his native place. He was not on
military duty at the time of the accident in terms of Para 12 (d) of
Entitlement Rules, 1982. ‘
“In view of the same, the injuries sustained cannot be held to be attributable
to the military service. The opinion of the Medical Board makes it clear that
the injury, particularly, the fracture, is not attributable to service and it
is not connected with service.” Writing the judgment, Justice Sathasivam said
the disability of the respondent was not covered under Regulation 179 of the
Pension Regulations for the Army (Part I) 1961. The Bench said: “The medical
authorities have recorded a specific finding to the effect that the disability
is neither attributable to nor was aggravated by the military service. This
fact has not been appreciated either by the Single Judge or by the Division
Bench of the High Court.”
The Hindu
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