Injury sustained on casual leave attributable to military service, entilled disability pension: Armed Forces Tribunal

Vijay Mohan

Chandigarh, January 16

The Armed Forces Tribunal had held that injury sustained by a person while on casual leave is attributable to military service and the individual so affected is entitled to receive disability pension.

Granting disability pension to a soldier over 15 years after he was invalided out of service, the Tribunal’s Bench, comprising Justice Sudhir Mittal and Lt Gen Ravendra Pal Singh, said that as per the provisions of Leave Rules for the Services, casual leave counts as duty under all circumstances.

The soldier had sustained serious leg injuries in December 2006 while on leave. Both his legs were fractured, resulting in permanent disability to the extent of 70 percent and he was invalided out of service in June 2008.

The invalidating medical board had held his injuries attributable to military service, but his claim for disability pension was rejected by the Records Office on the grounds that persons on leave are not entitled to grant of disability pension under Rule 12 of the Rules for Casualty Pensionary Awards to Armed Forces Personnel.

The Bench observed that Rule 10 of the leave rules state that casual leave counts as duty and Rule 12 does not make Rule 10 inapplicable. The Bench also referred to an earlier judgement of the Supreme Court that held that a person is on duty while on casual leave.

“An injury sustained while on duty has to be treated as attributable to military service and reliance upon Rule 12 to reject the claim of the applicant is illegal,” the Bench ruled while quashing the orders denying disability pension to the soldier and directing the government to grant him benefits from the date of invalidment along with arrears.