Case Note & Summary
The petitioner, Bhima S/o Suryabhan Dhande, was a Naik in the Maratha Light Infantry who joined service on 11.11.1974. On 27.8.1984, while travelling in an Army jeep, he met with an accident and sustained a fracture to his left leg, for which he was hospitalized at Jamnagar. After treatment, he was placed in a lower medical category and eventually invalided out of service on 30.11.1989. The petitioner applied for disability pension, but the respondents rejected his claim vide communications dated 28.12.1990 and 28.10.1996, holding that the disability was not attributable to military service. The petitioner challenged these communications by way of a writ petition. The court considered the relevant Army pension regulations and the principle that pensionary benefits should be liberally construed. The court noted that the accident occurred while the petitioner was travelling in an Army jeep during the course of his employment, and the respondents failed to produce any evidence to show that the disability was not attributable to service. The court held that the disability was attributable to military service and directed the respondents to grant disability pension to the petitioner with effect from 1.12.1989, along with interest at 6% per annum from the date of filing of the petition until realization.
Headnote
A) Army Law - Disability Pension - Attributable to Service - Army Pension Regulations - The petitioner, a Naik in the Maratha Light Infantry, sustained a fracture in his left leg while travelling in an Army jeep during service. The Court held that the disability was attributable to military service as the accident occurred during the course of employment, and the department failed to prove otherwise. The Court directed grant of disability pension with effect from 1.12.1989 with interest at 6% per annum. (Paras 1-10)
Issue of Consideration
Whether the disability suffered by the petitioner in an accident while travelling in an Army jeep is attributable to military service, entitling him to disability pension under the relevant Army pension rules.
Final Decision
The petition is allowed. The communications dated 28.12.1990 and 28.10.1996 are quashed and set aside. The respondents are directed to grant disability pension to the petitioner with effect from 1.12.1989 along with interest at 6% per annum from the date of filing of the petition till realization.
Law Points
- Disability pension
- Attributable to service
- Army pension rules
- Liberal construction of pensionary benefits
- Burden of proof on department
