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Supreme Court of India 2019-09-20 allowed

SECRETARY,GOVT.OF INDIA vs DHARAMBIR SINGH

Bench: 2 — L. Nageswara Rao, Hemant Gupta

In Brief

A Territorial Army soldier was injured in a scooter accident while on two days' casual leave. The Army's Court of Inquiry found the injury attributable to military service, but the Medical Board rejected the disability pension claim. The Armed Forces Tribunal granted pension based on prior Supreme Court judgments. The Supreme Court reversed the Tribunal, holding that even when personnel are on duty (including casual leave), disability pension requires a causal connection between the injury and military service. Here, purchasing household articles on leave had no nexus to military duties. The Court clarified that COI findings on attributability are not final; the Medical Board's assessment under applicable regulations is conclusive.

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Armed Forces Law Military Service Disability Pension Army Act 1950 Court of Inquiry Medical Board Defence Regulations Administrative Law Service Entitlements

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