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O.A. No. 13/2009. Case: Capt Aditya Singh Vs Union of India (UOI) and Ors.. Armed Forces Tribunal

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Case NumberO.A. No. 13/2009
Party NameCapt Aditya Singh Vs Union of India (UOI) and Ors.
CounselFor Appellant: S.R. Kalkal, Adv. and For Respondents: R. Balasubramanian, Adv.
JudgesA.K. Mathur, J. (Chairperson) and M.L. Naidu, Member
IssueDefence
Judgement DateMarch 19, 2010
CourtArmed Forces Tribunal

Order:

A.K. Mathur, J. (Chairperson) and M.L. Naidu, Member, (Principal Bench At New Delhi)

  1. Applicant by the present original application has prayed that he should be given war disability pension from the date of discharge from service and he should be granted Rs. 1 lac as exgratia payment as entitled as per Annexure A-8.

  2. Brief facts relevant for the disposal of present original application are that applicant was selected for National Defence Academy Kharkwasla, Pune in the year 1984. After undergoing strenuous tough training for 3 years in National Defence Academy and 1 year training at Indian Military Academy Dehradun, he was granted permanent commission in the Army on 17.12.1988. In the year 1990, he was posted with 11 Guard Battalion located at Siachin glacier where he participated actively in operation Meghdoot against Pakistan Army. In September, 1990 while he was actively participating in the operation one boulder (stone) hit his left knee resulting into injury. He was volunteered for Parachute Commando and was attached with 10th Battalion of Para Commando for training. He again developed pain in his knee due to earlier injury and reported sick with medical Authorities. He had ankle sprain while playing organised game of Basket Ball on 27.06.1992 and was placed in low medical category (temporary). He was placed before a medical board for review and medical board found that injury in the left knee and pain in the spine resulting into disability to the extent of 30%. He was again placed in low medical category with restrictions of employability "not fit for duties in combat or hilly terrain and extreme cold climate?. Despite that, he was posted with 31st Battalion of Assam Rifles located at Manipur which is mountainous and high altitude. He found himself not been able to cope up with the requirements of local unit, therefore, he submitted his resignation from service. He requested for benefit of war injury pension as per Government Notification dated 31st January, 2001 but that was rejected. He filed an appeal but without any result. Ultimately, he filed the present original application before this Tribunal with aforesaid reliefs.

  3. Respondents filed the reply wherein they pointed out that applicant did not receive any war injury as there is no corresponding record to show that he received the injury during operation Meghdoot. On contrary it is pointed that applicant received the knee injury while playing Golf and therefore, it...

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