O.CHHINNAPPA REDDY, V.R.KRISHNA IYER
Virender Kumar – Appellant
Versus
Union Of India – Respondent
Judgment
KRISHNA IYER, J.:- The appellant Capt. Virendra Kumar appeared in person and argued his case with refreshing clarity and merciful brevity. The judgment of the High Court, which went against him, sets out the facts in detail and so we do not have to go over the grounds again except to highlight the decisive facts and the relevant law. The appellants writ petition before the High Court was dismissed and he has secured special leave for this appeal.
2. Captain Virendra Kumar was an Emergency Commissioned Officer who joined the army way back in 1964. Apparently, he was fighting in the front line and sustained a spinal injury while in action. From the materials on record, we notice that he had been a brilliant and courageous officer, but bullets do not discriminate between the brave and the pusillanimous, between the splendid and the stupid. Anyway, the appellants continuance after having sustained the injury became an issue for the Army authorities to decide, and he was released by the Chief with the offer of a pension of a pittance. It was represented to us that Rs. 51-50 per month was the amount of pension preferred. What a magnificent sum for one who had fought on the warfron
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