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2009 Supreme(SC) 961

ARIJIT PASAYAT, ASOK KUMAR GANGULY
Secretary, M/O. Defence – Appellant
Versus
Ajit Singh – Respondent


Judgment :

Dr. Arijit Pasayat, J.

1. Challenge in this appeal is to the Judgment of the Learned Single Judge of the Punjab & Haryana High Court. The appellants had filed an appeal before the High Court challenging the judgment dated 27-07-1999 of the District Judge, Bhiwani by which the appeal filed by the Union of India against the Judgment and decree passed by the learned Additional Civil Judge (Sr. Divn.), Charkhi Dadri was dismissed.

2. Respondent who was enrolled in the Military service on 29-09-1985 had filed a suit for declaration to the effect that he is entitled to disability pension with effect from 31-03-1990. According to him, during the course of his service, he has sustained 20% disability on account of electric shock suffered by him while he was on casual leave. On account of this he was declared medically unfit and ultimately discharged on 31-03-1990. According to the present respondent he was entitled to disability pension.

3. Stand of the present appellants was that he suffered an electric shock while he was on casual leave and working in his house near the tube well. It was pointed out that in any event he had not completed 10 years of service and had been dischar




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