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Supreme Court of India 2019-09-20 allowed

Secretary, Government of India & Ors vs Dharambir Singh

Bench: 2 — Hemant Gupta

In Brief

A Territorial Army soldier injured in a scooter accident while on casual leave sought disability pension. The Armed Forces Tribunal had granted it, finding the injury attributable to military service based on a Court of Inquiry. The Supreme Court set aside this order, holding that while personnel on leave are treated as 'on duty' under regulations, disability pension requires a causal connection between the injury and military service. The soldier was purchasing household goods—an entirely private activity unconnected to military service. The Court clarified that the Medical Board determines medical causation, not the Court of Inquiry, which addresses only conduct. An injury must relate to military service, not be a common human risk, to qualify for disability pension.

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Armed Forces Law Disability Pension Military Service Court of Inquiry Medical Regulations Leave and Duty Casualty Pensionary Awards

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