LexUNION OF INDIA & ANR. versus TALWINDER SINGH
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[2012] 5 S.C.R. 437 UNION OF INDIA & ANR. v. TALWINDER SINGH (Civil Appeal No. 3686 of 2012) APRIL 20, 2012 [DR. B.S. CHAUHAN AND JAGDISH SINGH KHEHAR, JJ.] A B Pension Regulations of the Army, 1961, Part I - Paragraph 179 - Disability pension - Entitlement to - C Respondent enrolled in Army, suffered from injury at his home when on annual leave - Respondent operated for his left eye and discharged and placed in low medical category BEE (permanent) - Claim of respondent for disability pension - Opinion of the Medical Board that disability was 30% for life D but the said disability was neither attributable to, nor aggravated by medical service - Rejection of the said claim by the Competent Authority as a/so the trial court and first appellate court - However, claim allowed by the High Court - On appeal, held: In case the injury suffered by military E personnel is attributable to or aggravated by military service after discharge, he becomes entitled for disability pension - Person claiming disability pension must establish that the injury suffered by him bears a causal connection with military service - Opinion of the Medical Board which is an expert F body should be given primacy in deciding cases of disability pension and the court should not grant such pension brushing aside the opinion of the Medical Board - It must be given due weight, value and credence - On facts, the injury suffered by the respondent could not be attributable to or aggravated by the military service, thus, he is not entitled for disability G pension - Order passed by the High Court set aside and that of the trial court and the first appellate court restored. 437 H 438 SUPREME COURT REPORTS [2012) 5 S.C.R. A Union of India and Anr. v. Baljit Singh (1996) 11 SCC 315: 1996 ( 7) Suppl. SCR 626; Union of India & Ors. v. Dhir Singh China, Colonel (Retd.}, (2003) 2 SCC 382: 2003 (1) SCR 779; Controller of Defence Accounts (Pension) and Ors. v. S. Balachandran Nair AIR 2005 SC 4391; Union of India B and Ors. v. Keshar Singh (2007) 12 SCC 675: 2007 (5 ) SCR 408; Union of India and Ors. v. Surinder Singh Rathore (2008) 5 SCC 747: 2008 (4) SCR 909; Union of India and Ors. v. Jujhar Singh AIR 2011 SC 2598; Secretary, Ministry of Defence and Ors. v. Ajit Singh (2009) 7 SCC 328: 2009 (8 ) c SCR 934 - relied on. The Secretary and Curator, Victoria Memorial Hall v. Howrah Ganatantrik Nagrik Samity and Ors. AIR 2010 SC 1285; The University of Mysore v. G.D. Govinda Rao and Anr. AIR 1965 SC 491; Secretary, Ministry of Defence and Ors. D v. A. V. Damodaran (dead) through L.Rs. and Ors. (2009) 9 SCC 140: 2009 (13) SCR 416; Regional Director, ES/ Corporation and Anr. v. Francis De Costa and Anr. AIR 1997 SC 432 - referred to. E Case Law Reference: 1996 (7) Suppl. SCR 626 Relied on Para 7 2003 (1) SCR 779 Relied on Para 7 AIR 2005 SC 4391 Relied on Para 7 F 2007 (5 ) SCR 408 Relied on Para 7 2008 (4) SCR 909 Relied on Para 7 AIR 2010 SC 1285 Referred to Para 8 G AIR 1965 SC 491 Referred to Para 8 AIR 2011 SC 2598 Relied on Para 9 2009 (13) SCR 416 Referred to Para 9 H UNION OF INDIA & ANR. v. TALWINDER SINGH 439 AIR 1997 SC 432 2009 (8) SCR 934 Referred to Relied on Para 9 Para 10 CIVIL APPELLATE JURISDICTION : Civil Appeal No. 3686 of 2012. From the Judgment & Order dated 11.11.2009 of the High Court of Punjab & Haryana at Chandigarh in RS.A. No. 599 of 2009. A B H.P. Rawal, ASG, Shalini Kumar, R. Bala, B.V. Bairam C Das, Anil Katiyar for the the Appellant. Vivek Gupta, Satyendra Kumar for the Respondent. The Judgment of the Court was delivered by ORDER 1. Leave granted. D The present appeal has been filed against the judgment and order dated 11.11.2009 passed by the High Court of E Punjab & Haryana at Chandigarh in RSA No.599 of 2009 by which the High Court has reversed the judgment and order of the Trial Court as well as the First Appellate Court and granted the relief of disability pension to the respondent. 2. Facts and circumstances giving rise to this appeal are F that the respondent was enrolled in the Infantry (Sikh Regiment) on 23.5.1987. He proceeded on annual leave on 31.3.1990 for a period of two months to his home town. During his leave period, the respondent suffered injuries being hit by a small wooden piece "Gulli" in the play of children and thus, his left G eye was seriously damaged. He was admitted to Command Hospita
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