BHAGWAN SINGH (EX NK) Vs. UNION OF INDIA
HIGH COURT OF JAMMU AND KASHMIR
Bhagwan Singh (Ex Nk)
UNION OF INDIA
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(1.) What is the ambit and scope of the expression "attributable to and aggravated by Military service" appearing in Rules 173 of the Pension Regulations for Army, 1861 is the only question involved for consideration.
(2.) The admitted facts are that the petitioner was enrolled in Army as Sepoy on 19.9.68. He met with a motor vehicle accident on 30.11.1977 and his disability was assessed at 40 per cent in 1979. But he was retained in service and discharged only on completion of 17 years of service under rule-13(3) Item -III(i) with effect from Oct. 1,1985. He has been granted service pension which he earned under the pension rules.
(3.) Petitioner, however, approached the respondent for grant of disability pension in addition to service pension on the plea that he sustained injuries in an accident in the year 1977. After treatment, Medical Board assessed his disability on 28.8.79 at 40%. He was placed in medical category "CEE" (permanent) which entitles him to disability pension also. This plea was rejected by the respondent on the ground that the disability was not attributable to military service.;
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