BRIJPAL SINGH Vs. THE UNION OF INDIA AND ORS.

JUDGEMENT

(1.) Heard Mr. H.G. Baruah, learned counsel for the petitioner and Mr. R. Deb Nath, learned CGC appearing for the respondents.

(2.) By this writ petition, the petitioner is assailing the letter/order of the Director General Assam Rifles dated 12.08.2013 for denying the disability pension to the writ petitioner. For easy reference, the impugned letter/order dated 12.08.2013 (Annexure-XIII to the writ petition) is quoted hereunder: <FRM>JUDGEMENT_9_LAWS(MEGH)10_2015_1.html</FRM>

(3.) The concise fact of the case leading to the filing of the present writ petition is noted. The petitioner was enrolled in Assam Rifles on 06.01.1981 as Rifleman (GD). In the year 2006, the Commandant 25 Assam Rifles included the petitioner in the Ghatak Team (Ghatak is a platoon created for confidential and special duty; Ghatak means dangerous). The Ghatak platoon was always assigned with the special mission to accomplsh any confidential and hardest tasks. It required physical fitness and mental robust and intelligence too. On 03.12.2007, inter battalion Ghatak competition was started at Assam Rifles Training Centre and School, Shukhove, Nagaland. Competition was commenced from 8 p.m., while the petitioner was running on the road, due to darkness he put his foot on the cow-dung and fell down and as a result got severe fracture injury in his femur bone and the member of the team picked the petitioner up and took him to the end point on stretcher. Thereafter, he was shifted to Medical Inspection Room (Ml Room) by ambulance at 12 at night on 04.12.2007. The Authorized Medical Attendant (AMA) of 25 Assam Rifles referred the petitioner to Rangapara MH on 06.12.2007. Again on 06.12.2007, the petitioner was referred to 151 Base Hospital, Guwahati for better medical treatment. The petitioner was discharged from 151 Base Hospital, Guwahati on 23.02.2008 and reported to 25 Assam Rifles on 27.02.2008.