TA 311 of 2009 (Arising Out of CWP 17492 of 2009). Case: Baljinder Singh Vs Union of India and Others. Armed Forces Tribunal
| Case Number | TA 311 of 2009 (Arising Out of CWP 17492 of 2009) |
| Counsel | For Appellant: Mr. Navdeep Singh, Advocate and For Respondents: Mrs. Sangeeta Deubey, CGC |
| Judges | Vinod Kumar Ahuja, Member (J) and H.S. Panag, Member (Ad.) |
| Issue | Armed Forces Tribunal Act 2007 - Section 14 |
| Judgement Date | July 16, 2013 |
| Court | Armed Forces Tribunal |
Order:
(Chandigarh Regional Bench At Chandimandir)
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This case has been received on transfer from the Punjab and Haryana High Court and has been treated as Transfer Application under Section 14 of the Armed Forces Tribunal Act, 2007. This petition has been filed by the petitioner seeking following relief/directions:-
i) A writ of mandamus directing the respondents to grant the Liberalised Pensionary Awards to include War Injury Pension and enhanced retirement Gratuity or in the alternative disability pension and other related benefits to the petitioner at the earliest with complete arrears and interest till date along with all consequential reliefs and benefits;
(ii) any other appropriate writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case;
(iii) filing of certified copies of annexures and service of prior notices on respondents may please be dispensed with;
(iv) writ petition may please be allowed with costs throughout.
The case of the petitioner, as set up in the petition, is that he was enrolled in the Army on 30-08-1990 and was invalided out of service on medical grounds on 31-03-2007 after having rendered a total service of about 16 years and 7 months. In the year 2000 he was posted to 13 Sikh Battalion which was located at Siachen Glacier. On 01-02-2001 he was on duty at a Forward defended post and while coming back from Prayag Post to Chaman Post in the evening, a co-soldier Balbir Singh fell in Carvesse. While trying to save him, the petitioner suffered injuries on his foot and nose. He was evacuated to Base Camp by Air, from where he was shifted to Military Hospital, Partapur and subsequently referred to Command Hospital, Chandimandir, where after one month his two fingers were amputated.
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It is averred in the petition that a Disability Certificate dated 01-10-2004 was issued by the 150 GH in which it is clearly opined that the disability was suffered by the petitioner while on duty and is fully attributable to military service. As per the petitioner, this injury was sustained by him in Operation Meghdoot and thus to be regarded as Battle Casualty. The Medical Board opined that the injury was attributable to and aggravated by military service and the percentage of disability was assessed as 20% for life.
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In September, 2006 the petitioner was posted in J&K in High Altitude Area. While performing his duty, he also suffered Back ache and was admitted to GH Rajouri...
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