Full Judgment Text
NONREPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 9654 OF 2014
UNION OF INDIA & ORS. … APPELLANTS
v.
EX. NAIK RAM SINGH … RESPONDENT
J U D G M E N T
ABHAY S. OKA, J.
1. The appellants, Union of India and three others, have taken
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an exception to the judgment and order dated 23 December 2010
of the Armed Forces Tribunal, Chandigarh Bench at
Chandimandir (for short, ‘the Tribunal’).
By the impugned judgment and order, the appellants were
2.
Signature Not Verified
Digitally signed by
NIRMALA NEGI
Date: 2022.07.18
17:08:29 IST
Reason:
directed to release the disability pension quantified at 80%
disability for life to the respondent from the date of his discharge
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from military service. The appellants were directed to pay arrears
of disability pension restricted to a period of three years
immediately preceding filing of the application by the respondent
before the Tribunal. Interest @10% per annum was granted on the
arrears.
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3. The respondent was enrolled in the Army on 4 June 1965.
After rendering colour service for 10 years and 88 days, he was
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transferred to reserved establishment on 30 August 1975. During
his reserve period, he voluntarily got himself enrolled in Defence
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Security Corps on 7 January 1976. On 6 November 1999, the
respondent was granted annual leave. He proceeded to
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Kishanpura on the same day. While on leave, on 8 November
1999, he suffered an accident. While crossing the road, he was hit
by a speedy scooter. As a result of the accident, he sustained head
injury and became unconscious. The Medical Board assessed the
percentage of the disability of the respondent at 80%. The Medical
Board placed the respondent in low medical category (EEE). On
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that ground, he was invalidated out of service from 28 September
2000.
4. The respondent made an application to the Armed Forces
Tribunal praying for grant of disability pension. In the impugned
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judgment, the Tribunal relied upon its decision dated 15
December 2010 in T.A. No.237 of 2010 (Ex. NK. Raj Pal v. Union
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of India & Ors.) . The Tribunal held that if an individual sustains
an injury during the period of any kind of authorized leave and his
act was not inconsistent with Military service, his disability is
deemed to be attributable to Military service.
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5. On 6 December 2013, this Court issued notice to the
respondent. After service of notice, the respondent did not appear.
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While granting leave on 10 October 2014, a fresh notice was
issued to the respondent which has been duly served. The
respondent did not enter appearance even thereafter.
6. Shri K.M. Nataraj, learned Additional Solicitor General urged
that there has to be a reasonable connection between the injuries
sustained by a member of Armed Forces resulting in disability and
the Military service. He invited our attention to Regulation 173 of
the Pension Regulations for the Army, 1961 (for short, ‘the
Pension Regulations’). He also invited our attention to Rule 12 of
the Entitlement Rules for Casualty Pensionary Awards, 1982. He
submitted that the accident occurred couple of days after the
respondent travelled from the place of his duty to leave station. He
would submit that the respondent was disentitled to disability
pension. He fairly pointed out that the decision of the Tribunal in
T.A.No.237 of 2010 relied upon in the impugned judgment, was
challenged by the Union of India. However, the special leave
petition was dismissed summarily. He submitted that what holds
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the field is the decision of this Court in the case of Union of India
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& Ors. v. Vijay Kumar No.3989606 P, ExNaik .
7. On facts, it is an admitted position that the respondent was
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granted annual leave on 6 November 1999. He proceeded on the
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same day to leave station. On 8 November 1999, when he was
crossing the road, he suffered an accident. As noted earlier, his
disability was assessed at 80%. Regulation 173 of the Pension
Regulations reads thus.:
“173. Primary conditions for the grant of
.Unless otherwise
disability pension
specifically provided a disability pension
consisting of service element and disability
element may be granted to an individual who is
invalidated out of service on account of disability
which is attributable to or aggravated by military
service in nonbattle casualty and is assessed at
20% or over. ”
(underline supplied)
8. The Entitlement Rules, 1982 and in particular Rule 12,
defines ‘Duty’. Clause (d) of Note 2 which is a part of Rule 12
clarifies that personnel while travelling between the place of their
duty to leave station and viceversa, shall be treated on duty. It is
not the case made out by the respondent that the accident
occurred when he was travelling to leave station. It happened after
he reached the leave station. Unless the disability is attributable
1 2015 (10) SCC 460
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to or aggravated by military service and is more than 20%, the
entitlement to disability pension does not arise.
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9. This Court in the case of Vijay Kumar , after considering
Regulation 173 of the Pension Regulations and Rule 12 of the
Entitlement Rules, 1982, in paragraph 14 held thus.:
| “14. | The Entitlement Rules for Casualty | ||||
|---|---|---|---|---|---|
| Pensionary Awards, 1982 are beneficial in nature | |||||
| and ought to be liberally construed. In terms of | |||||
| Rule 12, the disability sustained during the | |||||
| course of an accident which occurs when the | |||||
| personnel of the armed forces is not strictly on | |||||
| duty may also be attributable to service on | |||||
| fulfilling of certain conditions enumerated | |||||
| therein. | But there has to be a reasonable causal | ||||
| connection between the injuries resulting in | |||||
| disability and the military service. | ” |
(underline supplied)
10. What is held above, is the binding precedent. In the present
case, as noted earlier, two days after the respondent reached the
leave station, he met with an accident on a public road. There is
absolutely no nexus between the Military service and injuries
sustained by the respondent. There is not even a causal
connection. The Tribunal has completely overlooked this aspect
which goes to the root of the matter. Hence, the respondent was
not entitled to the disability pension.
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11. Accordingly, Civil Appeal is allowed. Impugned Judgment
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dated 23 December 2010 is hereby set aside. O.A. No.944 of
2010 filed by the respondent stands dismissed. No order as to
costs.
…………….…………J.
(Abhay S. Oka)
…………….…………J.
(M.M. Sundresh)
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July 18 , 2022
New Delhi.
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