Case Note & Summary
The petitioner, Lt. Col. V.M. Karve (Retired), served in the Indian Army and participated in the 1971 India-Pakistan conflict. He was wounded by enemy gunshot on River Padma at Kustia (now in Bangladesh) on 12th December 1970 and was awarded the Wound Medal vide order dated 21st February 1974. The petitioner filed a writ petition seeking disability pension, which was opposed by the State of Maharashtra and others. The court examined the certificate issued by the Head Quarter of the Southern Command of the Army, which recorded the wound and the grant of the Wound Medal. The court held that this certificate was sufficient proof of a battle casualty and that the petitioner was entitled to disability pension under the applicable Army pension rules. The court allowed the petition and directed the respondents to grant disability pension to the petitioner.
Headnote
A) Army Law - Disability Pension - Battle Casualty - Wound Medal as Proof - The petitioner, a retired Lieutenant Colonel, was wounded in the 1971 conflict and awarded a Wound Medal. The court held that the Wound Medal certificate issued by the Army Headquarters is sufficient proof of a battle casualty, and the petitioner is entitled to disability pension under the relevant rules. (Paras 1-2)
Issue of Consideration
Whether the petitioner, a retired Lieutenant Colonel who was wounded in the 1971 India-Pakistan conflict and awarded a Wound Medal, is entitled to disability pension under the relevant Army pension rules.
Final Decision
The court allowed the writ petition and directed the respondents to grant disability pension to the petitioner.
Law Points
- Disability pension
- battle casualty
- wound medal
- proof of injury
- army pension rules
Case Details
2015 LawText (BOM) (04) 64
WRIT PETITION NO.4683 OF 2013 WITH CIVIL APPLICATION NO.1250 OF 2014
Mr.S.M.Gorwadkar for the petitioner, Ms M.P.Thakur, AGP for the respondent Nos.1 to 3
Lt.Col.V.M.Karve (Retired)
The State of Maharashtra and others
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Nature of Litigation
Writ petition seeking disability pension for a retired army officer who was wounded in the 1971 India-Pakistan conflict.
Remedy Sought
The petitioner sought a direction to the respondents to grant him disability pension.
Filing Reason
The petitioner was denied disability pension despite being wounded in battle and awarded the Wound Medal.
Previous Decisions
A show cause notice was issued to the Principal Secretary on 21st April 2013.
Issues
Whether the petitioner is entitled to disability pension based on the Wound Medal certificate.
Submissions/Arguments
The petitioner argued that the Wound Medal certificate is sufficient proof of battle casualty and entitlement to disability pension.
The respondents opposed the petition, but the court found the certificate conclusive.
Ratio Decidendi
The Wound Medal certificate issued by the Army Headquarters is sufficient proof of a battle casualty, and the petitioner is entitled to disability pension under the relevant Army pension rules.
Judgment Excerpts
Exhibit A to the petition is the certificate issued by the Head Quarter of the Southern Command of the Army which records that the petitioner was wounded due to enemy gun shot on River Padma at Kustia (now in Bangladesh), on 12th December 1970 and was granted `Wound Medal' vide order dated 21st February 1974.
Procedural History
Notice for final disposal was issued on 12th August 2013. By order dated 21st April 2013, a show cause notice was issued to the Principal Secretary. The petition was finally heard and decided on 20th April 2015.
Acts & Sections
