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2013 Supreme(Del) 657

GITA MITTAL, DEEPA SHARMA
J. P. Bhardwaj – Appellant
Versus
UOI – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:S.S. Pandey, Advocate.
For the Respondents:Ankur Chhibber, Advocate.

Judgment :

Gita Mittal, J.

1. The petitioner has assailed the order dated 30th June, 2010 passed by the Armed Forces Tribunal rejecting the petitioner’s challenge to the action of the respondents in treating the injuries suffered by the petitioner as physical casualty instead of battle casualty in an operational area which had caused 100% disability to the petitioner.

2. The facts giving rise to the present petition are briefly noted hereafter. The petitioner was enrolled on 24th December, 1980 in the Indian Army in the Corps of EME as Vehicle Mechanic. It is not disputed that the petitioner served various units of the Army with dedication and devotion to duty between 1981 to 1986 and has an exemplary service record. The petitioner was also promoted from time to time till he reached the rank of Havildar. With effect from 5th June, 1994 the petitioner was posted to 10, Rashtriya Rifles Battalion (Rajput) (hereinafter referred to as 10 RR Bn.) which was then deployed in the State of Jammu & Kashmir.

3. We are also informed that operation Rakshak-III (so notified by the Central Government) was in progress during which counter insurgency operations were carried out against active militan




















































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