UNION OF INDIA & ANR. versus C.S. SIDHU

Citation: [2010] 4 S.C.R. 323 · Decided: 31-03-2010 · Supreme Court of India · Bench: MARKANDEY KATJU, A.K. PATNAIK · Disposal: Dismissed
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Judgment (excerpt)

[2010] 4 S.C.R. 322 
A 
UNION OF INDIA & ANR. 
V. 
C.S. SIDHU 
(Civil Appeal No. 4474 of 2005) 
8 
MARCH 31, 2010 
[MARKANDEY KATJU AND A.K. PATNAIK, JJ.] 
Service Law: 
C 
Disability pension - Officer joined Indian Army through 
Short Service Commission on 22.5.1968 - Injured at high 
altitude field posting on 21.11.1970 - Released from service 
on 23.6.1978 - For disability pension period taken into 
account only from 22.6.1968 to 21.11.1970 - HELD: High 
Goud has rightly held that for the purposes of qualifying 
D service for disability pension, the entire period of 
commissioned service rendered by the officer from 22.6.1968 
to 23. 6. 1978 has to be taken into account - Arrears with 8% 
interest per annum will be paid to the respondent within three 
months - Armed Forces - Military. 
E 
Armed Forces: 
Army Officers and army-men - Concern shown by Court 
that they should be treated in a better and more humane 
manner by governmental authorities particularly in respect of 
F 
their emoluments, pension and other benefits - Service Law 
- Disability pension. 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 
4474 of 2005. 
G 
From the Judgment & Order dated 11.12.2003 of the High 
Court of Punjab and Haryana at Chandigarh in Civil Writ 
Petition No. 12299 of 2002. 
H 
Parag P. Tripathi, ASG, Arti Gupta, Kunal Bahri and Anil 
Katiyar for the Appellants. 
322 
UNION OF INDIA & ANR. v. C.S. SIDHU 
323 
Susmita Lal (N.P.) for the Respondent. 
A 
The following Order of the Court was delivered 
ORDER 
1. Heard Mr. Parag P. Tripathi, learned Addi. Solicitor 
General appearing for the appellants. 
B 
2. There is no appearance on behalf of the respondent 
today. 
3. This appeal by special leave is directed against the 
impugned judgment and order dated 11.12.2003 of the Division c 
Bench of the High Court of Punjab & Haryana whereby the writ 
petition filed by the respondent herein (writ petitioner before the 
High Court) has been allowed and the appellants herein 
(respondents before the High Court) have been directed to 
count the entire period of full pay commissioned service of the D 
respondent from 22.06.1968 to 23.06.1978 as qualifying 
service and calculate his disability pension in accordance with 
pension scales as on 2-3.6.1978 and give him all other benefits 
I therefrom. 
4. The facts in detail have been given in the impugned 
E 
judgment and order. Hence, we are not repeating the same 
here. 
5. The question involved in this appeal is whether the full 
pay commissioned service rendered by the respondent herein 
from 22.06.1968 to 23.06.1978 is to be counted as qualifying 
F 
service by the Union of India for the purpose of granting 
disability pension to the respondent. 
6. The respondent herein was an officer in the Indian Army_ 
who was given a short service commission on 22.06.1968. A G 
short service commission is given for 5 years and can be 
extended by another 5 years only. He was posted at a high 
altitude field area and while on duty or. 21.11.1970, he met with 
an accident and suffered severe injuries. As a result of the 
accident, respondent's right arm had to be amputated. He also 
H 
324 
SUPREME COURT REPORTS 
(2010] 4 S.C.R. 
A 
suffered a compound fracture of the femur (thigh bone) and 
fracture of the mandible Uaw bone). He was released from 
service of Army on 23.6.1978. For his disability pension, the 
period taken into account by the Army authorities was only from 
22.6.1968 to 21.11.1970. Aggrieved by the said decision of 
B 
the Army authorities, the respondent filed a writ petition before 
the High Court which has been allowed by the impugned 
judgment and order. Hence, the appellants are in appeal before 
us. 
7. We have gone through the impugned judgment and 
C 
order and we are in full agreement with the Division Bench of 
the High Court that for the purposes of qualifying service for 
disability pension the entire period of commissioned service 
rendered by the respondent from 22.6.1968 to 23.6.1978 has 
to be taken into account. Accordingly, we see no reason to 
D 
interfere with the impugned judgment and order of the High 
Court. The appeal is accordingly dismissed. No order as to the 
costs. Arrears with 8% interest per annum will be paid to the 
respondent within three months. 
E 
F 
8. Before parting with this case, we regret to say that the 
army officers and army men in our country are being treated in 
a shabby manner by the government. In this case, the 
respondent, who was po
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