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2008 Supreme(Del) 895

S.L.BHAYANA, SANJIV KHANNA, VIKRAMAJIT SEN
EX NK DILBAG – Appellant
Versus
UOI – Respondent


Advocates Appeared:
Mr. S.M. Dalal, Adv.
Mr. Darpan Wadhwa, Adv. with Major S. S. Pandey for Respondents 2 to 4.

JUDGMENT

1. We are called upon to impart an interpretation on the words a disability which is attributable to or aggravated by military service’, as occurring in Regulation 173 of the Pension Regulations for the Army, 1961 (for short ‘Pension Regulations’). Reference to the Full Bench was originally necessitated because of the divergence of opinion of two Division Benches, in terms of the Order dated 9.3.2006 in WP(C) 11128/2005 titled Sunita Devi ‘vs- Union of India passed by the Bench comprising Mukul Mudgal and H.R. Malhotra, JJ. Our learned Brothers detected diametrically different dialectics of Division Benches, the unreported decision in WP(C) 4619/1993 titled Ex Sepoy Vijay Pal Singh ‘vs-UOI and in Ex Singnalman Shri Bhagwan ‘vs- UOI, 103(2003) DLT 269. The cause has become even more confounded and complicated owing to yet another decision of the Division Bench comprising Swatanter Kumar and G.S. Sistani, JJ. decided on 19.10.2006 reported as Jitendra Kumar ‘vs- Chief of Army Staff. Broadly stated, the submission of the petitioners is that any injury or fatality suffered by military personnel on casual leave would per se entitle them to claim Disability Pension in addition t






























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