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2010 Supreme(P&H) 1327

ADARSH KUMAR GOEL, K.KANNAN, ALOK SINGH
Union Of India Through Secretary, Ministry Of Defence, New Delhi – Appellant
Versus
Khushbash Singh, Ex. Naib Subedar, Resident Of Village Lotan, Tehsil Naraingarh, District Ambala – Respondent


Judgment

K.KANNAN, J.

1. I. The issue at stake and the cause for reference to Full Bench.

1. The above two cases address the same issue with reference to the entitlement of disability pension by an Army Personnel, who suffered a disability in an accident during leave. In both the cases, the disability had arisen through accidents during leave. The entitlement to disability pension is anchored to para 173 of the Pension Regulation of the Army Act that provides for disability pension arising on account a disability, which is attributable or aggravated by Military Service in non-battle casualty and is assessed at 20% or over. The expressions of a causal connection of disability that is attributable to Military Service in a non-combat situation would take us to examine what types of activities could be taken to have connection to Military Service. The issue would again be whether a person, who is on casual leave or annual leave would be subjected to any different yardsticks in assessing this causal connection. The reference to a Full Bench itself has arisen on account of a Division Bench of which one of us (Justice Adarsh Kumar Goel) was a party, noticed that there had been a conflict o























































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