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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

Dharambir Singh, a Territorial Army personnel, was injured in a scooter accident while on casual leave purchasing household articles. He was medically discharged with 30% disability. The Armed Forces Tribunal granted him disability pension, treating the injury as attributable to military service. The Supreme Court allowed the Government's appeal, holding that while personnel on leave are deemed on duty under the Leave Rules, disability pension requires a causal connection between the injury and military service. A purely private activity—purchasing household goods—has no causal nexus with military service. The Medical Board's assessment of causal connection is final, not the Commanding Officer's findings. The Court set aside the Tribunal's order and dismissed the respondent's disability pension claim.

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Military Law Defence Law Disability Pension Armed Forces Court of Inquiry Administrative Law Service Law Pension Regulations

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