the disability was suffered in an accident that too while going to avail the annual leave, the said disability could not have been treated as attributable to military service so as to grant the disability pension to the respondent.

3. Learned counsel for the respondent controverts the same and submits that upon the grant of annual leave the respondent boarded the train from Banglore on 01.12.1989 and reached Ferozepur Cantt. on 03.12.1989 and while going from Ferozepur Cantt. railway station to Ferozepur City, he met with an accident and therefore, the said accident was suffered while in transit from the Unit to his home, being on annual leave, which is to be treated as a duty period, the tribunal has rightly assessed the disability attributable to the military service so as to grant disability pension. 4. Learned counsel for the respondents submits that the issue raised is covered by the judgment rendered by the Hon’ble Supreme Court of India in Civil Appeal No.11239 of 2025 decided on 30.09.2025 titled as Union of India and others Vs. Ex.HAV Rajesh Kumar and another wherein, on the similar facts by noticing the principles of law the grant of benefit by the tribunal has been upheld.

5. We have heard learned counsel for the parties and have gone through the record of the case with their able assistance.

6. The issue which has been raised in the present case, has already been decided by the Hon’ble Supreme Court of India in Civil Appeal No.1926 of 1999, titled as Madan Singh Shekhawat Vs. Union of India and others decided on 17.08.1999, wherein it was held that the grant of disability pension is governed by the various provisions in the Defense Service Regulations and as per Rule 10 of the said Regulations, the period of casual leave counts as duty period. Further, in case where an army personnel is travelling either for the purpose of joining the family back after coming from the unit or vice versa, the same is to be treated as part of the duty. Hence, it cannot be said that the act of respondent No.1 of going back to his home while being on duty, and meanwhile meeting with an accident on the way which led to the disability of respondent No. 1, is not attributed to or connected with the military service.

7. The same issue was again considered by the Hon’ble Supreme Court of India in Civil Appeal No.2433 of 2011, titled as Union of India and another vs. Surendra Pandey, decided on 18.09.2014 wherein it has been held that travelling back to join the family from the Unit and meeting with an accident on the way, has to be treated as connected with and attributed to the military service, so as to grant the benefit of special family pension to the wife of the deceased officer. The reliance was placed upon the judgment in Madan Singh Shekhawat’s case (supra).

8. While deciding Civil Appeal No. 5625 of 2008, titled as Ravindran P.M. vs. Union of India and others, decided on

11,09.2008, Hon’ble Supreme Court of India has held that when an officer meets with an accident while in possession of an out pass, which out pass gives the jurisdiction to the personnel concerned to travel outside the military area, the happening of an accident during such travel, and injuries suffered or the death occurred during such travel has to be seen as related to and attributed to military service so as to grant the benefit of disability pension in case of injury or the special family pension in case of death. The relevant paragraphs of the judgment is as under:-

“This appeal is directed against the judgment and order dated 27th July, 2005 passed by the High Court in Kerala in O.P. No.13522(1) of 1997 dismissing the appellant’s claim that he was entitled to disability pension, having suffered injuries in an accident while in possession of an ‘out pass’.

On behalf of the appellant, who has enrolled in the Army in

1980, it was submitted that since he had been involved in an accident while he was holding such ‘out pass’, it must be held that he was on duty at the re