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2019 Supreme(SC) 1514

D.Y.CHANDRACHUD, HEMANT GUPTA
Madan Prasad Sinha @ Sanatan Baba – Appellant
Versus
Union Of India – Respondent


Advocates Appeared:
J.S. Attri, Sr. Adv., Narender Singh, Rameshwar Prasad Goyal, Chandra Nand Jha, Advocates, for the Appellants; R. Balasubramanian, Sr. Adv., Prashant Singh, B.K. Satija, Ms. Alka Agrawal, Tanvir Nayar, A.K. Sharma, Advocates, for the Respondents

ORDER

1. The only issue which arises for determination in the present appeal is with regard to the grant of disability pension to the appellant.

2. The appellant was enrolled in the Corps of Signals of the Indian Army as a Radio Mechanic on 18 February 1971.

3. On 18 August 1981, he was discharged from military service under Army Rule 13(3) on account of being placed in a low medical category.

4. The case of the appellant is that he suffered from a Chronic Duodenal Ulcer as a result of his participation in Operation Cactus Lilly in 1971.

5. The appellant moved the Armed Forces Tribunal for the grant of war injury pension. The Tribunal declined to accede to the plea for the grant of war injury pension on the ground that it was payable only in respect of participation in operations or in the active line of duty. In the present case, it was the view of the Tribunal that the nature of the disability was not attributable to any such participation in action. This view of the Tribunal is correct.

6. On 26 November 2018, the following order was passed by this Court:

    "Delay condoned.

    Application seeking leave to appeal is allowed.

    The submission which has been urged on behalf of the petitio

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