SECRETARY, GOVERNMENT OF INDIA & ORS. versus DHARMBIR SINGH

Citation: [2019] 13 S.C.R. 122 · Decided: 20-09-2019 · Supreme Court of India · Bench: L. NAGESWARA RAO · Disposal: Appeal(s) allowed

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Judgment (excerpt)

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SUPREME COURT REPORTS
[2019] 13 S.C.R.
THE SECRETARY, GOVERNMENT OF INDIA & ORS.
v.
DHARMBIR SINGH
(Civil Appeal No. 4981 of 2012)
SEPTEMBER 20, 2019
[L. NAGESWARA RAO AND HEMANT GUPTA, JJ.]
Entitlement Rules for Casualty Pensionary Awards, 1982– rr.
12, 13, 17 & 19– Admissibility of disability pension, when personnel
of Armed Forces are on leave – Respondent joined the Army in
1981– While he was granted two days casual leave from Jan.25,
1999 to Jan.26, 1999, he met with an accident riding scooter and
suffered head injury, fracture – Court of Inquiry conducted to
investigate into the circumstances under which he sustained injuries–
Having rendered pensionable service, the respondent was
discharged from service on Dec.13, 1999 in view of Medical Board’s
report which held the disability to be 30%– Claim for disability
pension rejected by Medical Board– Armed Forces Tribunal held
the respondent entitled to disability pension – On appeal, held: In
terms of Leave Rules, the casual leave and annual leave count as
duty– However, in terms of Rule 11(a) of the said Rules, an individual
on casual leave is not deemed to actually perform duty during such
leave – 1982 Rules give expansive definition to the expression ‘duty’
– It includes the period when Armed Forces personnel is proceeding
from his leave station or returning to duty therefrom– It includes
even an accident which occurs when a man is not strictly on duty
provided it involved risk which was definitely enhanced in kind or
degree by the nature, conditions, obligations or incidents of his
service and that the same was not a risk common to human existence
in modern conditions in India – However, as per Regulation 423 of
the Medical Regulations, such injury has to have causal connection
with military service or such injury is aggravated by military service
– In the instant case, Commanding Officer reported that the injury
is not attributable to military service, but the Brigade Commander
endorsed that the injury is attributable to military services – There
was no material available to the Brigade Commander to return such
finding  when the evidence of the witnesses and the conclusion
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 [2019] 13 S.C.R. 122
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given by the Commanding Officer is that no one is to be blamed for
the accident– Since the accident occurred when the respondent was
purchasing house hold articles, it cannot be said that there is any
causal connection between the injury and the military service –
Order of the Tribunal set aside – Leave Rules for the Services,
Volume-I (Army)– rr.10, 11(a)– Medical Regulations– Regulation
423 (a), (b) and (d) – Army Act, 1950 – ss.3(i), 9 – Pension
Regulations for Army, 1961 – Regulation 173 – Pension Regulations
for the Army, 2008 – Armed Forces.
Leave Rules for the Services, Volume-I (Army) – rr.10, 11(a) –
Held: When Armed Forces personnel is availing casual leave or
annual leave, is to be treated on duty – Armed Forces.
Army Act, 1950 – s.3(i) – Respondent in Army, was on two
days casual leave when he met with an accident while riding scooter
and suffered injuries– Discharged from service – Claim for disability
pension – Held: Determining factor is causal connection between
the accident and the military duties – Injury or death must be
intervention of armed service, howsoever remote it may be– Further,
in terms of s.3(i), “active service” means time during which a person
who is subject to the Act, is attached to, or forms part of, a Force
which is engaged in operations against an enemy engaged in military
operations in, or is on the line of march to, a country or place
wholly or partly occupied by an enemy, or is attached to or forms
part of a Force which is in military occupation of a foreign country
– Present is not the case covered by the said definition – When the
person is going on scooter to purchase house hold articles, such
activity, even remotely has no causal connection with the military
service – Medical Regulations – Regulation 423 – Armed Forces.
Armed Forces – Medical Regulations – Regulation 423(b) –
Contradiction with r.12(f) of 1982 Rules – Discussed – Entitlement
Rules for Casualty Pensionary Awards, 1982 – r.12(f).
Armed Forces – Claim for disability pension on account of
injury suffered due to accident – Court of Inquiry assembled to
investigate the circumstances leading to injury – Scope of, vis-a-vis
assessment by the Medical Board – Discussed.
THE SECRETARY, GOVERNMENT OF INDIA & ORS.
v. DHARMBIR SIN

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